Kalvar Corporation v. Xidex Corporation

Plaintiff-appellant Kalvar Corporation (“Kalvar”) appeals from a decision of the United States District Court for the Northern District of California (Renfrew, J.) dismissing its complaint charging patent infringement by defendant-appellee Xidex Corporation (“Xidex”) on the ground that the patent was invalid because the invention was in “public use” or “on sale” within the meaning of 35 U.S.C. § 102 (b) for a period of more than one year prior to the date of the patent application. The application was filed with the Patent Office on October 14, 1958 and a patent was subsequently issued to Kalvar on September 22, 1964. Accordingly, the “critical date” for determining whether the patented invention was in “public use” or “on sale” within the meaning of Section 102(b) is October 14, 1957, one year prior to the date of the patent application. The only issue on appeal is whether the district court erred in its decision because the sales, demonstrations, and promotional activities conducted by Kalvar prior to October 14, 1957 were experimental in nature and thus not subject to the restrictions of Section 102(b). See Smith & Griggs Manufacturing Co. v. Sprague, 123 U.S. 249 , 8 S.Ct. 122…