Results for offer for sale

Enzo Biochem Inc. v. Gen-Probe Inc.

Case Number: CLB0093

Date: 09.30.2005

A purchase provision of an agreement otherwise related to research and development can constitute a commercial offer to sell a tangible item or good. An invention can be ready for patenting even though the patentee is unaware or unsure whether the limitations of the claims are met.

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Elan Corp. PLC v. Andrx Pharmaceuticals, Inc.

Case Number: CLB0066

Date: 05.05.2004

Only an offer which rises to the level of a commercial offer for sale—one which the other party could make into a binding contract by simple acceptance—constitutes an offer for sale under 35 U.S.C. § 102(b); and the sale of patent rights to an invention does not constitute an offer for sale under Section 102(b) of the invention.

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