Results for On-sale bar

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

Case Number: CLB0503

Date: 04.29.2022

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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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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