Quimbee logo
DMCA.com Protection Status
  • P
  • Plumtree Software, Inc. v. Datamize, LLCPlumtree Software, Inc. v. Datamize, LLC
From our private database of 16,800+ case briefs...

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 450,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 450,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial