Medtronic, Inc. v. Barry


Question(s) Presented

1. “Whether a process invention is reduced to practice, and thus ‘ready for patenting,’ when all of its elements are ‘successfully performed,’ as this Court has held, or whether it must also be determined to work for a further ‘intended purpose’ that need not appear in the patent, as the Federal Circuit holds.”

2. “Whether, after proof that an invention was on sale or in public use more than one year before the patent application, the patentee bears the burden of proving experimental use by evidence that is ‘full, unequivocal, and convincing,’ as this Court and most regional circuits have held, or whether the patentee bears only a burden of production on experimental use and thus can prevail solely on the patentee’s own post hoc testimony, as the Federal Circuit has held.”

Posts About this Case

Proceedings and Orders
July 16, 2019
Application (19A44) granted by The Chief Justice extending the time to file until September 26, 2019.
October 24, 2019
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2019.
December 11, 2019
DISTRIBUTED for Conference of 1/10/2020.
January 13, 2020
Motion for leave to file amicus brief filed by R Street Institute GRANTED.
January 13, 2020
Petition DENIED.