Coverage since November 3, 1994

Federal Circuit

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STX LLC v. Brine Inc. — Subjective Uncertainty About Whether a Product Meets Claimed Performance Criteria Does Not Prevent the On-Sale Bar from Applying

The Federal Circuit affirmed invalidity of a lacrosse stick patent under the on-sale bar of § 102(b), holding that subjective uncertainty about whether a commercially sold product possessed claimed performance characteristics cannot serve as an escape from the bar — if the product was ready for pate

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Helifix Ltd. v. Blok-Lok, Ltd. — Trade Show Brochure Raises Genuine Fact Issues on On-Sale Bar and Anticipation; “Ready for Patenting” Standard Applied

The Federal Circuit reversed a grant of summary judgment, holding that genuine factual disputes existed over whether a trade show brochure triggered the on-sale bar or anticipated the patent, because neither party had presented evidence on how a person of ordinary skill in the art would understand t

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