Results for On-sale bar

The Medicines Company v. Hospira, Inc.,

Case Number: CLB0372

Date: 07.11.2016

Federal Circuit finds that a ‘supply contract’ for manufacturing services between a manufacturer and an inventor, more than one year before filing a patent application, does not trigger the on-sale bar of 35 U.S.C. § 102(b) (pre-AIA) as it is not a “commercial sale” under the Uniform Commercial Code.

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In re Cygnus Telecommunications Technology LLC Patent Litigation

Case Number: CLB0224

Date: 08.19.2008

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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Pfaff v. Wells Electronics Inc.

Case Number: CLB0187

The Supreme Court sets forth the current two-step analysis with respect to triggering of the on-sale bar under 35 U.S.C. § 102(b): 1) whether a commercial offer for sale was made, and 2) whether the invention was ready for patenting.

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