MONON CORPORATION v. STOUGHTON TR.

Nos. 00-1041, 00-1042.

239 F.3d 1253 (2001)

MONON CORPORATION and Rosby Corporation, Plaintiffs-Cross Appellants, v. STOUGHTON TRAILERS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 7, 2001.


Attorney(s) appearing for the Case

Lee F. Grossman, Grossman & Grossman, of Chicago, Illinois, argued for plaintiff-cross-appellant. With him on the brief was Mark M. Grossman.

Jonathan H. Margolies, Michael, Best & Friedrich LLP, of Milwaukee, Wisconsin, argued for defendant-appellant.

Before MICHEL, RADER, and SCHALL, Circuit Judges.


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 patentee 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"...

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