Lawwly

Space Systems/Loral, Inc. v. Lockheed Martin Corp.

United States Court of Appeals for the Federal Circuit

271 F.3d 1076 (2001)

Relevant factsFree

Ford Aerospace engineer Dr. Fred Chan developed a novel satellite-repositioning method (the 'prebias technique') and Ford sent a proposal describing it, with only rough drawings and a cost estimate, to a French aerospace company in March 1982, though Chan had not yet built or tested an engineering model and wasn't certain the idea would actually work; Ford applied for a patent over a year later, in April 1983, after further development. Lockheed Martin (plaintiff), sued by Space Systems/Loral (SSL, defendant, as Ford's successor), argued the patent was invalid under the on-sale bar because the invention was allegedly ready for patenting and offered for sale more than a year before the patent application; the district court agreed and granted Lockheed summary judgment, and SSL appealed.

IssueFree

Whether, for purposes of the statutory bar to patent validity known as the on-sale bar, an invention is ready for patenting if it has not been enabled.

Unlock the full brief

Free accounts read 20 full briefs. No card required.