TAMSEN VALOIR , Boulware & Valoir, Houston, TX, for amicus curiae Houston Intellectual Property Law Association. Also represented by MARK JOHN GATSCHET , Mark John Gatschet, PLLC, Austin, TX.
Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll, Circuit Judges.
O'Malley, Circuit Judge.
Today, we consider the circumstances under which a product produced pursuant to the claims of a product-by-process patent is "on sale" under 35 U.S.C. § 102(b). This is important because, if "on sale" more than one year before the filing of an application for a patent on the governing claims, any issued patent is invalid...
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