A federal judge in San Diego must take a longer look at whether a Park Assist LLC patent is valid in light of the company’s earlier sale of a parking system to a shopping mall in Canada, the Federal Circuit ordered.
District Judge Rogert T. Benitez wrongly stopped Indect USA Corp. from presenting evidence Park Assist’s asserted patent is invalid under what’s known as the on-sale bar—which can void a patent that issues when the covered invention was offered for sale more than a year before the corresponding application was filed—the US Court of Appeals for the Federal Circuit ruled ...