Federal Circuit Finds Testing of Prototype And Publication About Test Are Experimental And Not Public Use or On Sale Bars under 35 U.S.C. §102(b)

In its opinion in Honeywell Int’l Inc. v. Universal Avionics Sys. Corp., 488 F.3d 982 ;82 U.S.P.Q.2d 1886 (Fed Cir. 2007), the United States Court of Appeals for the Federal Circuit affirmed in part, vacated in part, and remanded the Delaware District Court’s decision invalidating certain claims and finding no infringement of Honeywell patents involving aviation electronic and terrain warning systems.  Background In the field of terrain warning technology for aviation, known “ground proximity warning systems” (GPWSs) have significantly reduced accidents resulting from planes flying into terrain since the 1970’s.  GPWSs use radio waves to measure the distance from the plane to the ground, which worked well for gradual changes in terrain.  However, GPWSs do not provide information regarding the terrain in front of a plane.  As a result, Honeywell began research in the 1980 to develop a “look ahead” terrain warning system.  Honeywell came up with a virtual system, which compared the plane’s position with a map of the

read more Federal Circuit Finds Testing of Prototype And Publication About Test Are Experimental And Not Public Use or On Sale Bars under 35 U.S.C. §102(b)

Federal Circuit Finds Mere Response To RFP Does Not Constitute Offer To Sell Infringing Device

In FieldTurf Intr., Inc. et al. v. SprinTurf, Inc. et al. and SportFields LLC and Orion, 433 F.3d 1366, 77 U.S.P.Q.2D 1468 (Fed. Cir. 2006), the Federal Circuit affirmed a summary judgment of non-infringement in favor of SportFields LLC and Orion (collectively “SportFields”) and reversed summary judgment in favor of SportFields on its counterclaims of intentional interference with prospective economic advantage and unfair competition, and vacated the award of attorney fees.