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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.”

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Client Alert | 8 min read | 02.14.25

Executive Orders Relevant to Institutions of Higher Education

President Trump has issued several executive orders relevant to institutions of higher education. Below we detail key provisions of these executive orders to help colleges and universities stay abreast of the everchanging policy landscape, and to provide takeaways to consider while awaiting further federal guidance. ...