Intellectual Property Litigation Patent Application Public Use 
IP Tech Blog
FEBRUARY 9, 2022
The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”
The IP Law Blog
FEBRUARY 16, 2023
This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. For example, in Motionless Keyboard Co.
SpicyIP
AUGUST 15, 2021
Anticipation by Prior Publication and Lack of Novelty. The defendant argued that CTPR was disclosed and published in US’424, US’357 and EP’508 patents which are Markush type patents and have priority dates even prior to IN’978. Things to Look Out for at the Trial.
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