Title :
The "on-sale" defense
Author :
Klee, Maurice M.
Abstract :
What happens when a company starts to explore selling an invention before a U.S. patent application has been filed? That was the question before the Court of Appeals for the Federal Circuit (CAFC) in the recent case of Group One v. Hallmark. The court rejected Hallmark\´s "on-sale" defense and held that Group One\´s patents were not invalid for violating the grace period. It thus sent the case back to the district court for a full trial of Group One\´s charge of infringement.
Keywords :
legislation; patents; CAFC; Court of Appeals for the Federal Circuit; Group One; Hallmark; US patent application; company; district court; full trial; grace period; infringement charge; invention; on-sale defense; patents; selling; Circuits; Code standards; Commercial law; Licenses; Marketing and sales; Packaging machines; Patent law; Testing; Algorithms; Chromosomes, Human; Equipment Design; Equipment Failure Analysis; Fluorescent Dyes; Humans; Image Enhancement; Microscopy, Fluorescence; Microspheres; Quality Control; Reproducibility of Results; Sensitivity and Specificity; Software; Spectrometry, Fluorescence;
Journal_Title :
Engineering in Medicine and Biology Magazine, IEEE
DOI :
10.1109/MEMB.2002.1016858
