Digest of Creative Kingdoms, LLC v. Int’l Trade Comm’n., No. 2014-1072 (Fed. Cir. Dec. 19, 2014) (non-precedential). On appeal from the U.S. International Trade Commission (“ITC”). Before Newman, Bryson, and O’Malley.

Procedural Posture: Patent owner appealed an ITC finding of no § 337 violation because the asserted claims are invalid for lack of enablement and written description, the asserted claims are not infringed, and the patent owner failed to establish domestic industry. CAFC affirmed the finding of invalidity for lack of enablement.

  • Enablement: The ITC found that the scope of the asserted claims included the use of both mechanical and electronic sensors in combination. However, the specifications contained no guidance as to how electronic sensors “can be substituted or added to detect different motions, as required by the asserted claims.” Therefore the claims were not enabled for their full scope and were invalid. The CAFC affirmed.