What Constitutes 'A Sale' and 'an Offer to Sell'?

The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.

9 minute read November 30, 2014 at 11:00 PM
By
Veronica Mullally Munoz And Andrew J. Cochran
What Constitutes 'A Sale' and 'an Offer to Sell'?

In its recent opinion, Halo Electronics, Inc. v. Pulse Electronics, Inc., 2:07-cv-00331 (Fed. Cir.

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