An associate’s studied ignorance, before and after filing a patent application, of on-sale bar activities justified an award of attorneys’ fees to the defendant, even where the associate had only three days to prepare the application and a firm partner led him to believe there was no on-sale bar problem, the U.S. District Court for the Southern District of Georgia held Dec. 30 (Brasseler U.S.A. I LP v. Stryker Sales Corp., S.D. Ga., No. 497-184, 12/30/99).
Brasseler U.S.A. I LP obtained a patent for surgical blades and sued Stryker Sales Corp. for infringement. Stryker raised the on-sale defense of 35 U.S.C. � 102(b) and the district court granted summary judgment in favor of Stryker.
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