Invitrogen Corp. v. Biocrest Manufacturing L.P.

Case Number: CLB0101

Date: 10.05.2005

Citation: 76 U.S.P.Q.2d 1741 (Fed. Cir. 2005)

Infringement plaintiff’s use of claimed process for producing “transformable” cells in its own laboratories, more than one year before application for patent in suit was filed, was not “public use” that bars patentability, since plaintiff’s invention was not given or sold to “another,” or used to create product given or sold to another.

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