United States Federal Circuit

Evidence that patent holder sold only one copy of an invention after being asked for one, did not place it for sale, and provided the buyer with free equipment and free installation, is sufficient to create a material fact on whether the sale was an experimental exception to the on-sale bar.

Appellate Information

• Decided 01/15/2002
• Published 01/15/2002

Judges

• RADER, Circuit Judge., Before MAYER, Chief Judge, RADER and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• McPherson D. Moore,Polster, Lieder, Woodruff & Lucchesi, L.C., of St. Louis, MO, argued for plaintiff-appellant.   With him on the brief was Douglas E. Warren.   Of counsel were Michael Kovac, Polster, Lieder, Woodruff & Lucchesi, L.C.;   and Daniel J. Maertens and Lora Esch Mitchell Fredrikson & Byron, P.A., of Minneapolis, MN.


• For Appellees:
  
• Derek J. Vandenburgh, Merchant & Gould, P.C, of Minneapolis, MN, argued for defendant-appellee.   With him on the brief were Douglas J. Williams;  and Gregory C. Golla.