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ARTICLE · 27 DECEMBER 2024

Neck Or Nothing? "Quotation" Invalidates On-Sale Bar

McDermott Will & Emery
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The US Court of Appeals for the Federal Circuit found the patents at issue invalid based on the patent owner's "quotation" letter to a third party...

United StatesIntellectual Property
Keval Amin
Keval Amin
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The US Court of Appeals for the Federal Circuit found the patents at issue invalid based on the patent owner's "quotation" letter to a third party, concluding it was a commercial offer for sale under pre-America Invents Act (AIA) 35 U.S.C. § 102(b) notwithstanding the patent owner's reservation of a post-quote acceptance. Crown Packaging Technology, Inc. v. Belvac Production Machinery, Inc., Case Nos. 22-2299; -2300 (Fed. Cir. Dec. 10, 2024) (Dyk, Hughes, Cunningham, JJ.)

Crown Packaging Technology owns patents for necking machines, which reduce the top diameter of metal beverage cans. The earliest priority date for the patents was April 24, 2008, setting the critical date of April 24, 2007. On November 14, 2006, Crown sent Complete Packaging Machinery a letter quoting one of its necking machines that embodied the claims of its patents.

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