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Invitrogen Corp. v. Biocrest Manufacturing, L.P.
United States Court of Appeals for the Federal Circuit
424 F.3d 1374, 76 U.S.P.Q.2d 1741 (2005)
Invitrogen Corporation (plaintiff) sued Biocrest Manufacturing, L.P., Stratagene Holding Corporation, and Stratagene, Inc. (collectively, Stratagene) (defendants) in federal court for infringement of U.S. Patent No. 4,981,797 (the 797 patent). The 797 patent disclosed a process for improving the competence of E. coli cell lines. Stratagene also made competent E. coli cell lines. Invitrogen used the process more than a year before the application date of the 797 patent. Invitrogen solely used the process internally in Invitrogen laboratories for product-research and product-development purposes. Invitrogen’s use of the process was fully confidential until after the patent application date. Invitrogen never sold the process or any products created using the process. The district court granted summary judgment, finding that Stratagene infringed the 797 patent but that the 797 patent was invalid under the public-use bar. Invitrogen appealed.
Rule of Law
Holding and Reasoning (Rader, J.)
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