No. 22-26

Larry G. Junker v. Medical Components, Inc., et al.

Lower Court: Federal Circuit
Docketed: 2022-07-08
Status: Denied
Type: Paid
Response Waived
Tags: commercial-offer contract-law federal-circuit on-sale-bar patent-infringement patent-invalidation prior-art standing third-party-quotation
Key Terms:
Antitrust Patent Privacy JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (from Petition)

May a price quotation invoke the on-sale bar when made by a third party who had no right to sell the invention and with no involvement by the patentee?

May a price quotation invoke the on-sale bar and be deemed an offer though it does not constitute a commercial offer for sale as understood by the relevant business community, thereby fundamentally undermining long-established federal contract law?

Question Presented (AI Summary)

May a price quotation invoke the on-sale bar when made by a third party who had no right to sell the invention and with no involvement by the patentee?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-24
DISTRIBUTED for Conference of 9/28/2022.
2022-08-08
Waiver of right of respondents Medical Components, Inc. and Martech Medical Products, Inc. to respond filed.
2022-07-06
Petition for a writ of certiorari filed. (Response due August 8, 2022)

Attorneys

Larry Junker
James D. PetruzziThe Petruzzi Law Firm, Petitioner
Medical Components, Inc. and Martech Medical Products, Inc.
Alfred W. ZaherMontgomery McCracken Attorney At Law, Respondent