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J.A. LaPORTE, INC. v. NORFOLK DREDGING CO.

Appeal No. 85-2773.

787 F.2d 1577 (1986)

J.A. LaPORTE, INC., Appellant, v. NORFOLK DREDGING COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

April 16, 1986.

Attorney(s) appearing for the Case

John T. Roberts, Roberts & Floyd, Washington, D.C., for appellant. With him on brief were W. Brown Morton, Jr., Warsaw, Va. and James C. Howell, Willcox & Savage, P.C., Norfolk, Va.

Robert A. Vanderhye, Nixon & Vanderhye, P.C., Arlington, Va., for appellee. With him on brief was Francis N. Crenshaw, Crenshaw, Ware & Johnson, Norfolk, Va.

Before FRIEDMAN, NIES and ARCHER, Circuit Judges.

NIES, Circuit Judge.

The determinative issue in this appeal is whether activities of a third party created an on-sale bar which invalidated the asserted claims of the patent in suit, No. 4,373,277. The application for the patent in suit for a "Cutter Extension Cone" was filed on December 7, 1981, and issued to Edward Cucheran. Rights in the patent have been granted to appellant, J.A. LaPorte, Inc. LaPorte sued Norfolk Dredging Company for infringement in the United...

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