United States Federal Circuit

Evidence that a patentee's sale of a product prior to the critical date of its patent was primarily experimental, and thus was not "commercial sale" for the purposes of 35 USC 102(b), precludes summary judgment of invalidity due to the on-sale bar.

Appellate Information

• Decided 02/07/2001
• Published 02/08/2001

Judges

• MICHEL, Circuit Judge., Before MICHEL, RADER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lee F. Grossman,Grossman & Grossman, of Chicago, IL, argued for plaintiff-cross-appellant.   With him on the brief was Mark M. Grossman.


• For Appellees:
  
• Jonathan H. Margolies, Michael, Best & Friedrich LLP, of Milwaukee, WI, argued for defendant-appellant.