Inventist Inc. v. Ninebot Inc. (USA), No. 24-1010 (Fed. Cir. Nov. 14, 2025)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Inventist, Inc. and Shane Chen (collectively, “Invent- ist”) sued Ninebot Inc. (USA) and its affiliates (collectively, “Ninebot”) for infringement of U.S. Patent No. 8,807,250 (the “’250 patent”). Ninebot appeals a judgment of in- fringement awarding lost profits and a reasonable royalty on the grounds that Inventist failed to mark its products as required by 35 U.S.C. § 287(a) and that Ninebot’s evidence of noninfringing substitutes was improperly ex cluded on the issue of lost profits.