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ARTICLE · 28 FEBRUARY 2022

Sheath Sell Off Sinks Big Dollar Damage Award

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Junker v. Medical Components, 21-1649 (Fed. Cir. Feb. 10, 2022), the Court of Appeals for the Federal Circuit ("Federal Circuit") reversed a district court decision granting summary judgment of no invalidity under the on-sale bar.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Shannon Patrick
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Amanda Murphy
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Elizabeth Ferrill
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Stacy Lewis
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Holding

In Junker v. Medical Components, 21-1649 (Fed. Cir. Feb. 10, 2022), the Court of Appeals for the Federal Circuit ("Federal Circuit") reversed a district court decision granting summary judgment of no invalidity under the on-sale bar.

Background

Junker sued Medical Components and Martech Medical Products (collectively, "MedComp") for infringement of design patent D450,839 ("the '839 patent"), which is directed to "introducer sheaths" used in the medical insertion of catheters. The application leading to the '839 patent was filed on Feb. 7, 2000. Since the effective filing date was prior to March 16, 2013, pre-AIA law applied, and the critical date for the on-sale bar of 35 U.S.C. §102(b) was Feb. 7, 1999. Id. at *3-4.

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