United States Federal Circuit

Summary judgment, holding that plaintiff's patents were invalid under the public use and on-sale bars of 35 U.S.C. section 102(b), vacated because district court failed to construe claims, apply them to the asserted prior invalidating acts, and evaluate whether there were issues of fact concerning the alleged public use and the claims.

Appellate Information

• Decided 02/12/2002
• Published 02/12/2002

Judges

• LOURIE, Circuit Judge., Before LOURIE, CLEVENGER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• R. Terrance Rader, Rader, Fishman & Grauer PLLC, of Bloomfield Hills, Michigan, argued for plaintiff-appellant.   With him on the brief were Glenn E. Forbis, and Kristin L. Murphy.


• For Appellees:
  
• Richard P. Vitek, Myers Bigel Sibley & Sajovec, P.A., of Raleigh, North Carolina, argued for defendant-appellee.   With him on the brief was D. Randal Ayers.   Of counsel was George D. Moustakas, Harness, Dickey & Pierce, of Troy, Michigan.