Fed Circuit Watch: Pre-Critical Date Surgeries Not Invalidating Public Uses

102 fed circuit watch patent pre-AIA public use

In the first split precedential decision of 2019 by the Court of Appeals for the Federal Circuit, the Fed Circuit assessed the issues of invalidating public disclosure versus an inventor’s exception to experimentally perfect an invention for its intended purpose.  That case, Barry v. Medtronic, Inc.,[1] decided on January 24, 2019, split heavily because of …

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