The public use bar may not be triggered even if the invention is tested publicly prior to the critical date
| September 14, 2018
Polara Engineering Inc. v. Campbell Company
July 10, 2018
Before Lourie, Dyk, and Hughes. Opinion by Lourie.
Summary:
The Federal Circuit affirmed the jury’s finding of experimental use that negates application of the public use bar by Polara because Polara’s activities were necessary to ensure that the invention would work for its intended purpose and Polara’s invention was “a life safety device” that the testing was “imperative.” The Federal Circuit found that while it is undisputed that Polara did not enter a confidentiality agreement, Polara maintained the secrecy of the invention. Finally, the Federal Circuit found that Polara was not commercially exploiting its invention during the test periods.
Tags: §102 > confidentiality agreement > critical date > experimental use > filing date > public use
Article posted to online periodical qualified as “printed publication” under §102(b) where person skilled in the art could have located it
| November 15, 2012
Voter Verified, Inc. v. Election Systems & Software
Decided November 5, 2012
Panel: Lourie, Reyna, and Wallach. Opinion By: Lourie
Summary
The patent holder alleged that automated voting systems of its competitors infringed U.S. Reissue Patent RE40,449 (“the ‘449 patent”). The district court found that claim 49 of the ‘449 patent was invalid as obvious under 35 U.S.C.S. § 103 in view of an article in an online periodical before the patent’s critical date. The district court found that an article in an online periodical qualified as a printed publication under 35 U.S.C.S. § 102(b). CAFC affirmed holding that the article could have been located by someone skilled in the art before the critical date.
特許権者は、競合企業を再発行特許RE40,449号の侵害で訴えた。地裁は特許のクレーム49がオンライン定期刊行物の論文から自明であり、無効であるとした。地裁は、その論文は102条の「刊行物」に該当すると認定した。CAFCは、その論文が出願日の1年前より前に、当業者が見つけることができる状態にあったとして、地裁の判断を維持した。
Tags: §102 > §102(b) > internet > online periodical > printed publication > public accessibility
