United States Federal Circuit

The district court properly held that plaintiff's patent was invalid under the on-sale bar of 35 U.S.C. section 102(b) since plaintiff offered for sale an embodiment of its claimed invention more than one year before the critical date of the patent.

Appellate Information

• Decided 09/30/2005
• Published 09/30/2005

Judges

• LOURIE, Circuit Judge., Before LOURIE, LINN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles A. Weiss, Kenyon & Kenyon, of New York, New York, argued for plaintiff-appellant.   With him on the brief were Richard L. DeLucia, John R. Kenny and Patrice P. Jean. Of counsel were Anita Pamintuan Fusco and Henry N. Wixon.


• For Appellees:
  
• William F. Lee, Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, Massachusetts, argued for defendants-appellees.   With him on the brief for Gen-Probe Incorporated were William G. McElwain and Nina S. Tallon.   Of counsel was Henry N. Wixon.   On the brief for Becton Dickinson and Company were Donald R. Ware, Barbara A. Fiacco, and Katherine J. Fick, Foley Hoag LLP, of Boston, Massachusetts.   Of counsel were Denise W. DeFranco and Lauren T. Knapp.