United States Federal Circuit

In a patent case involving a computer program authoring tool, grant of motions to dismiss and summary judgment in favor of plaintiff on the ground that defendant's patents were invalid under the on sale bar doctrine is vacated where the district court had jurisdiction over the declaratory judgment action, and the district court erred in granting summary judgment pursuant to 35 U.S.C. section 102(b) because the record contained insufficient facts to determine whether the patented process was sold or offered for sale before the critical date.

Appellate Information

• Decided 12/18/2006
• Published 12/18/2006

Judges

• DYK, Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Michael B. Levin, Wilson Sonsini Goodrich & Rosati, of Palo Alto, California, argued for plaintiff-appellee.   With him on the brief were David H. Kramer, Christopher R. Parry and Bart E. Volkmer.   Of counsel was Michael A. Ladra., Theodore Stevenson, III, McKool Smith, P.C., of Dallas, Texas, argued for defendant-appellant.   With him on the brief were Douglas A. Cawley and Garret W. Chambers.