Forrest Gothia in Federal Circuit Report on Junker v. Medical Components, Inc

June 15, 2022

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.

On-Sale Bar

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.

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