August 18, 2013
The CAFC has become so inured to blithe invalidation of patents that the finer points of law no longer matter. In a dust-up between rivals Hamilton Beach and Sunbeam, HB's 7,947,928 slow-cooker patent was invalidated under the on-sale bar of § 102(b). Yet, as the dissent pointed out, the supposed invalidating action was not the requisite commercial offer for sale.
Posted by Patent Hawk at August 18, 2013 1:56 PM | Prior Art