Zacharin v. United States

*188 OPINION

MARGOLIS, Judge.

This patent infringement case is before the court after a one-day trial regarding the on-sale bar of 35 U.S.C. § 102(b). The government argues that plaintiffs patent is invalid under section 102(b) because the invention it covers was on sale more than one year before plaintiff filed his application for patent. Plaintiff argues that his patent is not invalid under section 102(b), but that even if it is, the doctrines of claim preclusion, issue preclusion, and equitable estoppel each prevent the government from raising the defense contained in section 102(b). After…