Fifth Circuit patent infringement suit. At issue was a sample measuring syringe for use in laboratory testing of minute quantities of chemicals. With regard to utility, the issue was whether there were questions of fact with regard to reduction to practice of a second prototype of the invention which was sold but failed to provide accurate measurements. The court held that there were questions of fact, precluding summary judgment, and found that there was likely not a reduction to practice of the second prototype. The court stated that “a device intended for quantitative analysis does not seem reduced to practice when it cannot make accurate measurements.†Id. at 1099. Further, the court noted that “‘reduction to practice’ includes not only (the) reduction (of an idea) to reality but also sufficient testing or experimentation to demonstrate that the device as it exists possesses sufficient utility to justify a patent, i.e., that the invention is suitable for its intended purpose.†Id. at 1099. Thus, the court concluded that “Appellants' syringe in the second prototype did not seem to possess sufficient utility to justify a patent or to be suitable for its intended purpose; it may not have been a ‘functioning reality’ or a reality that could ‘perform the general function for which it was developed.’†Id. at 1099.
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Thursday 06 of November, 2008 23:04:00 GMT by Unknown
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Thursday 06 of November, 2008 23:04:00 GMT by Unknown