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).
ON-SALE BAR
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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
