Grain Processing Corp. v. American Maize-Products Co.
United States Court of Appeals for the Federal Circuit
185 F.3d 1341 (1999)
Grain Processing (plaintiff) sued competitor Maize (defendant) for infringing its maltodextrin patent through Maize's original Lo-Dex 10 production processes, eventually developing a new, non-infringing glucoamylase-based process in 1991 using an enzyme that had actually been commercially available since the early 1970s, though Maize hadn't used it earlier because it was more expensive than the infringing processes. Grain sought lost profits from lost Maltrin sales during the infringement period; after a remand, the district court found the glucoamylase-based Lo-Dex 10 was an acceptable non-infringing substitute available throughout the infringement period, precluding lost profits, and Grain appealed.
Whether a patent infringer may rebut a claim for lost profits by proving the availability of an acceptable non-infringing substitute during the period of infringement.