Plumtree Software, Inc. v. Datamize, LLC
United States Court of Appeals for the Federal Circuit
473 F.3d 1152 (2006)
On February 27, 1996, Kevin Burns, owner of Datamize, LLC (Datamize) (defendant), applied for patents for a computer program authoring tool and software. The patents were eventually issued. Burns had completed development of the authoring tool in December 1994, at which time Burns’ company, Multimedia Adventures (MA), discovered that the Ski Industry of America (SIA) was holding a tradeshow in March 1995. On January 17, 1995, MA representatives gave a presentation about the authoring tool to SIA. On January 25, 1995, SIA sent MA a letter memorializing the parties’ agreement that, in exchange for a waived sponsorship fee and floor space at the tradeshow, MA would provide the software package necessary to produce a touch-screen information kiosk. Plumtree Software, Inc. (Plumtree) (plaintiff) filed a declaratory judgment action against Datamize, contending that the patents were invalid under the 35 U.S.C. § 102(b) on sale bar. The district court granted Plumtree’s motion for summary judgment, and Datamize appealed.
Rule of Law
Holding and Reasoning (Dyk, J.)
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