Intellectual Property Law

No damages for convoyed sales when no functional relationship between patented and unpatented goods

By McKee, Voorhees & Sease, P.L.C.

In a decision today, the Federal Circuit affirmed a district court's decision setting aside the portion of a jury verdict awarding convoyed sales to a patentee, and sustaining the portion of the verdict finding the alleged infringer had not shown invalidity via public use.  There was no evidence of a functional relationship between the patented and unpatented goods, instead the two were sold together as a matter of "convenience or business advantage."  As such, damages for convoyed sales were unavailable.

Regarding the alleged public use, the court held that the absence of a written confidentiality agreement did not mandate the conclusion that the pre-critical date uses were public.  Instead, based on the circumstances, it was proper for the jury to imply an "understanding of confidentiality."  The pre-critical date uses were for a select group of individuals and involved a series of evolving prototypes, permitting the jury to conclude that there was no invalidating public use.

More detail of Am. Seating Co. v. USSC Group, Inc. after the jump.

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Full post as published by FileWrapper on January 29, 2008 (boomark / email).