Remove Contracts Remove Design Patent Remove Invention
article thumbnail

Response to Request for Quote Held Commercial Offer for Sale, and Invention Invalid

JD Supra Law

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 filed. Medical Components, Inc., By: Manatt, Phelps & Phillips, LLP

article thumbnail

Prefiling Offer by Business Partner Dooms Patent

Patently-O

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Junker v. Medical Components, Inc.: Pre-filing Offers for Sale Trigger Patent “On-Sale Bar”

LexBlog IP

Design Patent No. D450,839 (the D‘839 Patent) for a catheter introducer sheath. Under the on-sale bar, both design and utility patents will be invalid where “the invention was. on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Patent 52
article thumbnail

Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

CopyrightsWorld

The battle between these two tech giants began with a simple question: “Who invented the graphical user interface (GUI)?” turned out to be almost identical, and Gassée believed this to be a breach of contract. Apple vs. Microsoft. However, Windows 2.0 So, without warning, Apple filed a lawsuit against Microsoft in 1988.

article thumbnail

Substance Over Form — When a Quote May Constitute a Commercial Offer for Sale

IP Intelligence

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § To qualify a “commercial” offer for sale, the Federal Circuit at least relies on the Uniform Commercial Code, Restatement (Second) of Contracts (1981) (the UCC).

Design 52
article thumbnail

Substance Over Form — When a Quote May Constitute a Commercial Offer for Sale

LexBlog IP

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § Second, the court reviewed the terms of the letter in view of contract principles under the UCC. Junker filed a design patent application on Feb.

Design 52
article thumbnail

Priority for Foreign Filing of Design Patent Applications

LexBlog IP

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design.