On-sale bar invalidates Honeywell's patent
Honeywell International, Inc., et al. v. Nikon Corporation, et al., C.A. No. 04-1337-JJF, December 4, 2009.
Farnan, J. Defendants’ motion for summary judgment of invalidity is granted.
The patent relates to a directional diffuser for a flat panel LCD as used in aircraft cockpit displays. The action against the customer defendants has been stayed. Trial was temporarily adjourned after this ruling issued, and since the parties could not reach agreement on the propriety of continuing trial, the trial was cancelled on outstanding issues. The court finds that by clear and convincing evidence the patent is invalid because Plaintiff sold an embodiment more than one year before the filing date of the patent-in-suit. Plaintiff submitted a proposal in response to a Request for Proposal with provisions sufficiently firm and definite as to constitute a commercial offer of sale. Acceptance of the offer is not required. The court also found that the product offered for sale was the patented invention taking into consideration the evidence submitted. The final requirement of being ready for patenting was satisfied by Plaintiff’s admissions and documentation regarding reduction to practice.
