Case Law Review: Volume 11, No. 1
In this case law review, the Federal Circuit clarified what qualifies as an invalidating offer for sale under pre-AIA 35 U.S.C. §102(b). The court held that a letter containing detailed commercial terms — despite being labeled a “quotation” and requiring written acceptance — constituted a patent-invalidating offer for sale. The decision underscores how seemingly informal commercial communications can trigger the on-sale bar, even when sent by a non-U.S. entity to a U.S. recipient.