On Sale Bar – Sales require Consideration, not necessarily Money Payment
Patently-O
MAY 2, 2022
On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. The proposal expressly stated that “ownership and title to the Equipment” would be conveyed. Sunoco’s analogy to the Supreme Court’s seminal City of Elizabeth case falls flat.
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