Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

July 2016 Archives

'On Sale' Gets Clarification by Fed Cir. Applying Basic Common Law

Welcome clarification sprang from the Federal Circuit on the issue of what constitutes a good on sale under the 35 U.S.C. sec. 102(b) et seq. Specifically, the court addressed when the "on sale" bar would or would not get triggered on those patents that were filed before the passage of the America Invents Act (AIA).

The legal issue before the courts in this case were not fundamentally about intellectual property, but basic contract law.