2 ms·
Page 29 of the opinion at the following link addresses one of the theories for invalidating the '142 patent. The original patent owner sold the patented produc
by josaka 12y ago
Page 29 of the opinion at the following link addresses one of the theories for invalidating the '142 patent. The original patent owner sold the patented product more than a year before filing for a patent, which normally kills your patent. But in this case, they survived on an interesting technicality in this rule, which is that the sale must be in the United States. The court deemed the sale outside the US, and killed the theory. http://www.ded.uscourts.gov/sites/default/files/opinions/lps/2014/march/10-1067.pdf http://www.ded.uscourts.gov/sites/default/files/opinions/lps...
The America Invents Act eliminated this technicality back in 2013, but this patent was grandfathered.