Legal Opinion

Monon Corporation and Rosby Corporation, Plaintiffs-Cross v. Stoughton Trailers, Inc.

Court of Appeals for the Federal Circuit

Decided February 7, 2001No. 00-1041, 00-1042PublishedCited by 151 opinions

1Opinion of the Court

MICHEL, Circuit, Judge.

This appeal requires our determination of whether a patentee submitted sufficient evidence to preclude the grant of summary judgment of invalidity due to the on-sale bar. Oral argument was heard on October 3, 2000. Because we find that the paten-tee raised a genuine issue of material fact as to whether its sale of a tractor truck trailer prior to the critical date of its patent was primarily experimental, and thus was not a “commercial sale” for the purposes of 35 U.S.C. § 102(b), we reverse the trial court’s grant of summary judgment and remand for further proceedings…

2Cases cited15 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  4. Manville Sales Corporation, Plaintiff/cross-Appellant v. Paramount Systems, Inc., Robert S. Butterworth and Anthony J. DisimoneCourt of Appeals for the Federal Circuit · 1990
  5. Pfaff v. Wells Electronics, Inc.Supreme Court of the United States · 1998

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3Cited by151 opinions

  1. Brasseler, U.S.A. I, L.P. v. Stryker Sales Corporation and Stryker CorporationCourt of Appeals for the Federal Circuit · 2001
  2. JVW Enterprises, Inc. v. Interact Accessories, Inc.Court of Appeals for the Federal Circuit · 2005
  3. Ez Dock, Inc. v. Schafer Systems, Inc.Court of Appeals for the Federal Circuit · 2002
  4. Enzo Biochem, Inc. v. Gen-Probe Inc.Court of Appeals for the Federal Circuit · 2005
  5. In Re John KollarCourt of Appeals for the Federal Circuit · 2002

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