The court granted plaintiff's motion for summary judgment that its computer access patent was not invalid due to the on-sale bar and the court rejected defendants' argument that a magazine article regarding a product from plaintiff's predecessor using the patented software constituted an invalidating offer for sale. "Reasonably construed, this fails to satisfy the 'clear and convincing' evidence that defendants would need in order to demonstrate a 'definite offer to sell the product,' as such an offer would be understood in contractual terms. It evidences only that [the product] – and its underlying software – was the subject of an article announcing the future availability of the new product. This is not enough to establish a triable issue of fact as to the applicability of the on-sale bar defense."
Speedtrack, Inc. v. Wal-Mart.Com USA, LLC, et. al., 4-06-cv-07336 (CAND February 22, 2012, Order) (Hamilton, J.)
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