Public Use Must Be for Intended Purpose of Invention to Trigger § 102(b) Bar
Client Alert | 1 min read | 05.31.07
In Motionless Keyboard Company v. Microsoft Corporation (No. 05-1497; May 29, 2007), the Federal Circuit affirms the district court’s decision of non-infringement but reverses the decision of invalidity. The two patents at issue, directed to an ergonomic keyboard, were developed by an independent inventor, who “traversed the patent system on a limited budget.” The district court held that both patents were invalid as the inventor demonstrated prototypes of his invention more than one year before the respective patent applications were filed.
On appeal, the Federal Circuit states that the public-use bar of 35 U.S.C. § 102(b) does not apply to either patent. The demonstration of one invention was protected by a non-disclosure agreement. With respect to the demonstration of the other invention, the panel holds that the prototype “was never connected to be used in the normal course of business to enter data into a system.” The panel distinguishes the instant facts from those in the Supreme Court’s 1881 decision in Egbert v. Lippman and concludes that “the disclosures in this record do not rise to the level of public use.”
Contacts
Insights
Client Alert | 6 min read | 08.29.24
HHS Proposes Using Procurement Policy to Push Health IT Standards
The Department of Health and Human Services (HHS) continues its push on health data interoperability with a proposed rule, HHS Acquisition Regulation: Acquisition of Information Technology; Standards for Health Information Technology. Specifically, HHS proposes to modify the Health and Human Service Acquisition Regulation (HHSAR) to implement an HHS-wide policy to align requirements related to the procurement of health IT with standards and implementation specifications adopted by the Office of the National Coordinator for Health IT (ONC) or compliance with the voluntary ONC Health IT Certification Program. This proposed rule was published on August 9, 2024, just 4 days after the ONC proposed HTI-2 rule was published in the Federal Register.
Client Alert | 3 min read | 08.28.24
Client Alert | 36 min read | 08.27.24
Client Alert | 8 min read | 08.26.24
DDTC Publishes ITAR Amendments to Implement the AUKUS Exemption