In re Cygnus Telecommunications Technology LLC Patent Litigation

Case Number: CLB0224

Date: 08.19.2008

Citation: 87 U.S.P.Q.2d 1801 (Fed. Cir. 2008)

The Federal Circuit held a patent invalid under the 35 U.S.C. § 102(b) on-sale bar test of Pfaff because (1) the invention was ready for patenting, based on a declaration by the inventor that the invention was “reduced to practice,” and (2) the invention was the subject of a commercial sale, based on the fact that testers were invoiced for calls made during beta testing, prior to the critical date.

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