Monthly Minute | Commercialization of an Invention
The America Invents Act ("AIA") bars a person from obtaining a patent when the “claimed invention” had been “on sale” more than one year before the filing date of the patent. 35 U.S.C. § 102(a)(1). Acesulfame potassium...more
In Junker v. Medical Components, Inc., the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was...more
A recent Federal Circuit decision, Junker v. Med. Components, Inc., No. 2021-1649 (Feb. 10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales,...more
Addressing pre-America Invents Act (AIA) 35 USC § 102(b), the US Court of Appeals for the Federal Circuit held that the public-use and on-sale bars did not apply to the claimed surgical method because pre-critical-date...more
In an important decision impacting life sciences patentees, a divided panel of the Federal Circuit in Barry v. Medtronic, Inc., Appeal No. 2017-2463 (Fed. Cir. January 24, 2019), affirmed a jury’s finding that a doctor was...more