United States Federal Circuit

An offer of commercial exploitation of a process, even if no license or sale of the patent is intended, implicates the on sale bar of 35 USC 102(b), making a patent invalid where the invention was offered for sale more than one year before the filing of the patent application.

Appellate Information

• Decided 10/23/2001
• Published 10/23/2001

Judges

• DYK, Circuit Judge., Before RADER, BRYSON and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert M. Hardy, Jr., of Houston, TX, argued for plaintiff-appellant.   Of counsel on the brief was Jeffrey W. Tayon, Conley, Rose & Tayon, P.C. Of counsel was Robert M. Gray, Conley, Rose & Tayon, P.C. of Houston, TX.


• For Appellees:
  
• David J. Brody, Hamilton, Brook, Smith & Reynolds, P.C., of Lexington, MA, argued for defendant-cross appellant.   With him on the brief was Deirdre E. Sanders.   Of counsel on the brief was Lawrence B. Schreve, Andrews & Kurth L.L.P., of Houston, TX.