In BASF Corp. v. SNF Holding Co, Appeal No. 2019-1243 (Fed. Cir., April 8 2020), a Fed. Cir. panel of Judges Lourie, Moore and Chen – Lourie writing—reviewed the district court’s holding that a BASF patent (U.S. Pat. No. 5,663,329) on a process for preparing high m.w. polymers was invalid in view of an earlier process carried out by the Celanese Corp. The panel also reviewed the district court’s further finding that the Celanese process evidenced prior art knowledge and use of the patented invention within the meaning of 35 USC 102(a), and that the Celanese process constituted both a public-use bar and an on-sale bar to the patented invention under 102(b). The panel reversed the court’s finding of an on-sale bar, and found that the court had misinterpreted section 102(a) and the public use bar of 102(b), and reversed and remanded the court’s grant of summary judgement for further fact-finding.
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