United States Federal Circuit

In a patent dispute, summary judgment of invalidity, in favor of defendant under the on-sale bar of 35 U.S.C. section 102(b), is reversed where the invention was not the subject of a commercial offer for sale more than one year prior to the effective filing date of the patents.

Appellate Information

• Decided 02/28/2005
• Published 02/28/2005

Judges

• ARCHER, Senior Circuit Judge., Before MICHEL, Chief Judge,ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Steven Kreiss, of Washington, DC, argued for plaintiff-appellant.


• For Appellees:
  
• Gary L. Hausken, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and John J. Fargo, Director.