Minerva Surgical, Inc. sued Hologic, Inc. and Cytyc Surgical
Products, LLC in the District of Delaware for infringement of U.S.
Patent No. 9,186,208. After discovery, the district court granted
summary judgment that the asserted claims were anticipated under
the public use bar of pre-AIA 35 U.S.C. § 102(b). Minerva
appealed. The Court of Appeals for the Federal Circuit (the Court)
affirmed.
The Court agreed that the patented technology was "in
public use" because, before the critical date, Minerva
disclosed fifteen devices having the patented technology at a
public event, the industry's "Super Bowl."
Minerva's disclosure of these devices spanned several days and
included Minerva showcasing them at a booth, in meetings with
interested parties, and in a technical presentation. Minerva did
not disclose the devices under any confidentiality obligations,
despite the commercial nature of the event. Also, at the time of
the public use, the technology was "ready for
