Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc. and U.S. Oil Co., Inc.

Case Number: CLB0503

Date: 04.29.2022

Citation: United States Court of Appeals for the Federal Circuit Nos. 2020-1640, 2020-1641

A promise to buy goods from a supplier separate from a patented invention can qualify as the requisite consideration for a valid contract to satisfy the “on-sale” condition, and pre- and post-installation testing clauses in an agreement may not be sufficient to qualify for the experimental use doctrine unless they evidence that the primary purpose of the sale was to conduct experimentation.

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