Junker v. Medical Components, Inc.

 
APPEAL NO.
21-1649
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Stoll

Question(s) Presented

  1. “May a Panel decision disregard Federal Circuit law applicable to summary judgment standards of review, and also rely on post-critical date evidence to assess whether a pre-critical date letter constitutes an offer for sale and disregard industry practice in applying contract law as generally understood under Federal Circuit law?”
  2. “May a quotation letter create an on-sale bar if it is not capable of forming a binding contract by simple acceptance that does not meet the terms of a specific and defined offer?
  3. “May a quotation constitute an offer ‘for sale’ by a company/individual who violated a non-disclosure agreement and infringed the patent having no right to sell and with no involvement by the patentee in the alleged sale activity?”

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