Sparton Corp. v. United States

OPINION

DAMICH, Chief Judge.

On October 3,1997, Defendant filed a Motion for Summary Judgment on the Issue of Invalidity, wherein Defendant asserted that Plaintiff, Sparton Corporation (“Sparton”), could not recover under 28 U.S.C. § 1498(a) because Sparton’s patents numbered 3,921,-120 (“the T20 patent”) and 4,029,233 (“the ’233 patent”) are invalid under 35 U.S.C. § 102(b). In opposition, Sparton contends that experimental use negates the statutory bar of section 102(b). Moreover, Spar-ton claims that the patented inventions were not offered for sale prior to the critical date. Two oral…