United States Federal Circuit

Summary judgment for defendant, pursuant to a finding that a patent involving a holiday decoration was invalid on the ground that the invention was on sale more than one year before the filing of the patent, is vacated where the on-sale issue could not be decided adversely to plaintiff on summary judgment since disputed material facts, viewed favorably to plaintiff, did not support the judgment.

Appellate Information

• Decided 06/22/2006
• Published 06/22/2006

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, MAYER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William D. Coston, Venable, LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief was Martin L. Saad. Of counsel was Kevin B. Collins.


• For Appellees:
  
• Stephen J. Smirti, Jr., Rivkin Radler LLP, of Uniondale, New York, argued for defendants-appellees.   With him on the brief was Celeste M. Butera.   Of counsel was Pia E. Riverso.