A recent decision from the U.S. District Court for the Northern District of California considered whether a magazine article about an upcoming product could trigger the “on-sale” bar to patentability. In Speedtrack, Inc. v. Wal-Mart.com USA, LLC (No. 4-06-cv-07336, Feb. 22, 2012), the court considered a magazine article that discussed the patented software. The article was published more than one year before the filing date of the patent, but the article did not discuss details of the product or indicate that the product was available for sale. On this basis, the court held that the magazine article did not trigger the Patent Act’s “on-sale” bar, stating: “Reasonably construed, this fails to satisfy the ‘clear and convincing’ evidence that defendants would need in order to demonstrate a ‘definite offer to sell the product,’ as such an offer would be understood in contractual terms.”
About IP SpotlightIP Spotlight provides news and practice tips relating to the legal and business aspects of intellectual property and other intangible assets. Topics include licensing, due diligence, acquisition, compliance and risk management associated with patents, trademarks, copyrights and trade secrets. IP Spotlight is published by Jim Singer of Fox Rothschild LLP.
About the Author
Jim Singer is a partner with the law firm of Fox Rothschild LLP, where he focuses on intellectual property acquisition, protection, enforcement and licensing. For more details and contact information, select the "About the Author" link below.
Subscribe via RSS
Subscribe via Email
- – Above the Fold: The Fox Rothschild Advertising and Trademarks Blog
- – All Things Pros
- – Arizona Patent Attorney
- – Business IP and Intangible Asset Blog
- – Delaware Intellectual Property Litigation Blog
- – Intellectual Asset Management Magazine
- – IP Ethics and Insights
- – IP Watchdog
- – IP Wire
- – Madisonian.net
- – Mission: Intangible
- – Patently-O
- – Post Grant
- – Trademarks and Brands
- – USPTO Director's Forum
- – World Trademark Review
DisclaimerThe individuals who maintain this blog work at Fox Rothschild LLP. The information, comments and links posted on this blog do not constitute legal advice. No attorney-client relationship has been or will be formed by any communication(s) to, from or with the blog and/or the blogger. For legal advice, contact an attorney at Fox Rothschild LLP or an attorney actively practicing in your jurisdiction. Do not send any confidential or privileged information to the blogger; neither Fox Rothschild nor the blogger will assume any liability or responsibility for it. If you send any information, documents or materials to the blog, you give permission for the blogger to include them on or in the blog. No information, documents or materials you send to the blog will be considered confidential or privileged by Fox Rothschild or its lawyers. Also, no such information, documents or materials will be returned to you. All decisions relating to the content belong to the blogger.