Chemical Separation Technology, Inc. v. United States

OPINION

ALLEGRA, Judge.

This patent infringement suit is before the court on defendant’s motion for partial summary judgment. The defendant asks this court to declare U.S. Patent No. 5,370,800 invalid due to plaintiffs’ alleged violation of *514the “on-sale bar” of 35 U.S.C. § 102(b)(1988). Following oral argument and after a careful review of the materials submitted by the parties, this court finds that the issue whether the plaintiffs violated the on-sale bar as to this patent presents material questions of fact and thus is not susceptible to summary judgment. Defendant’s motion for partial…