Scaltech, Inc. v. Retec/tetra, LLC, Defendant-Cross
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
This case presents the question whether the claims of U.S. Patent No. 5,443,717 (the “ '717 patent”) are invalid under 35 U.S.C. § 102(b) because the claimed invention was offered for sale more than one year before the filing of the patent application. We affirm the district court’s decision granting summary judgment of invalidity.
BACKGROUND
I. '717 Patent
Scaltech, Inc. (“Scaltech”) is in the business of recycling industrial waste produced during the refining of petroleum products. Retee/Tetra, L.L.C. (“Retee”) is in the business of producing delayed coker quench streams for…
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