GENUINE ISSUES OF MATERIAL FACT PREVENT SUMMARY JUDGMENT OF ON-SALE DEFENSE

Lacks Industries, Inc., v. McKechnie Vehicle Components USA, Inc., [2008-1167] (November 21, 2008) [MICHEL, Clevenger, Moore] NON-PRECEDENTIAL The Federal Circuit reversed summary judgment of invalidity of U.S. Patent No. 5,597,213 because of genuine issues of material facts.The Federal Circuit stated that “Only an offer which rises to the level of a commercial offer for sale, one which the other party could make into a binding contract by simple acceptance (assuming consideration), constitutes an offer for sale under § 102(b).” In addition, to satisfy the on-sale bar, the subject matter of the sale or offer for sale must satisfy each limitation of the claim, though it may do so inherently. The Federal Circuit concluded that, when considered in the light most favorable to the patentee, there were genuine issues of material fact about whether the claimed invention was on sale.