Fed. Circ. Axes Inventor’s $1.25M IP Win Under On-Sale Bar

February 10, 2022

Types : In the News

The Federal Circuit wiped out inventor Larry Junker’s $1.25 million win against two medical device companies, finding Thursday that his patented catheter insertion design was unenforceable because it was offered for sale more than a year before he applied for the design patent.

A Jan. 8, 1999, letter that included pricing information sent to Boston Scientific was not a preliminary negotiation, as U.S. District Judge Mitchell S. Goldberg had ruled, but rather constituted an offer for sale, a three-judge panel held in a precedential opinion. Because of that, the panel reversed Judge Goldberg’s ruling, saying the on-sale bar was triggered and as a result the patent was unenforceable.

The decision lets Medical Components Inc. and Martech Medical Products Inc. off the hook, at least for now, from paying the $1.25 million damages award to Junker, who sued them in 2013.


Medical Components and Martech are represented by Alfred W. Zaher of Montgomery McCracken Walker & Rhoads LLP.


To read the full article, click here.



Intellectual Property

The attorneys in Montgomery McCracken’s Intellectual Property Department provide legal services in various aspects of intellectual property law. We are dedicated to assisting our clients in protecting, managing, and leveraging […]

Learn more about our Intellectual Property Department

1 of 1