Greenshift Corporation (GERS)

[Olie77]

I beleive that Cantrell is in poor health (God bless him)and that is the reason for the request for a stay. I believe that the judge ruled in GERS favor to allow Cantrell to confer with his attorney before continuing the deposition and also imposed a monetary sanction on the defendants for holding back the email.

Maybe the delay benefits GERS in some way but I don't think GERS has too much to fear from Cantrell continuing the deposition or that email. That's JMO based on my understanding of the on sale bar.

An impermissible sale has occurred if there was a definite sale, or offer to sell, more than 1 year before the effective filing date of the U.S. application and the subject matter of the sale, or offer to sell, fully anticipated the claimed invention or would have rendered the claimed invention obvious by its addition to the prior art. Ferag AG v. Quipp, Inc., 45 F.3d 1562, 1565, 33 USPQ2d 1512, 1514 (Fed. Cir. 1995). The on-sale bar of 35 U.S.C. 102(b) is triggered if the invention is both (1) the subject of a commercial offer for sale not primarily for experimental purposes and (2) ready for patenting. Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 67, 48 USPQ2d 1641, 1646-47 (1998). Traditional contract law principles are applied when determining whether a commercial offer for sale has occurred.