United States Federal Circuit

In plaintiffs' suit seeking declaratory relief against the inventor and owner of a patent relating to a process that produces larger rose heads by placing elastic, porous nets over the rose heads during the growing process, district court's grant of summary judgment pursuant to the on-sale bar under section 102(b)is affirmed where: 1) defendant failed to raise a genuine issue of material fact surrounding the dates of conception or commercial sales; 2) defendant failed to dispute that the invention was ready for patenting; and 3) defendant failed to show that the district court erred in disregarding the evidence presented in its motion for reconsideration.

Appellate Information

• Decided 03/11/2010
• Published 03/11/2010

Judges

Court

• United States Federal Circuit

Counsel