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WATTS v. UNIVERSITY OF DELAWARE

No. 79-1997.

622 F.2d 47 (1980)

William R. WATTS, Appellant, v. The UNIVERSITY OF DELAWARE, an agency of the State of Delaware.

United States Court of Appeals, Third Circuit.

Decided May 1, 1980.

Attorney(s) appearing for the Case

E. Leigh Hunt, (argued), Wilmington, Del., for appellant.

C. Walter Mortenson, E. Alan Uebler, (argued), Mortenson & Uebler, Wilmington, Del., for appellee.

Before ROSENN, GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This is an appeal by William Watts from the grant of summary judgment in favor of the University of Delaware declaring his patent invalid because the patented item was in public use more than one year before the filing of the patent application. We conclude that a genuine issue of material fact exists as to whether the use of the patented item was for experimental purposes...

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