DocumentCode
778198
Title
The "on-sale" defense
Author
Klee, Maurice M.
Volume
21
Issue
3
fYear
2002
Firstpage
104
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;
fLanguage
English
Journal_Title
Engineering in Medicine and Biology Magazine, IEEE
Publisher
ieee
ISSN
0739-5175
Type
jour
DOI
10.1109/MEMB.2002.1016858
Filename
1016858
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