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Substance Over Form - When a Quote May Constitute a Commercial Offer for Sale

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § 102. Junker v. Medical Components, Inc., No. 2021-1649...more

Precedential Opinion Stressing That Design Patents Cover Articles of Manufacture

In a case of first impression, the Federal Circuit held that “claim language can limit the scope of a design patent where the claim language supplies the only instance of an article of manufacture that appears nowhere in the...more

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