Forrest Gothia, an associate in Haynes Boone’s Intellectual Property Practice group, authored an article in the Federal Circuit Report. Read an excerpt below:
Recently, the Court of Appeals for the Federal Circuit (CAFC) further explained the “on-sale” bar in Junker v. Medical Components, Inc., Case No. 2021-1649 (Feb. 10, 2022). The case hinged on whether a letter between Larry Junker’s business partner and Boston Scientific Corporation (BSC) was a “commercial offer for sale” before the one-year grace period took effect. The CAFC held that all necessary terms for a commercial offer were present in the letter, and therefore, the letter qualified as a commercial offer for sale invalidating Mr. Junker’s patent.
According to the patent statute, “a person shall be entitled to a patent unless…the invention was…in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States….” …
To read the full article from Federal Circuit Report, click here.