2008-1167 Lacks Indust v. McKechnie Vehicle

Posted on | February 24, 2008 | 2 Comments

ED/MI 96-CV-75692

5,597,213 is directed to an automotive wheel and overlay assembly.  The Federal Circuit had previously affirmed a bench trial verdict that defendants infringed, but had remanded on the question of whether plaintiff’s pre-critical date activities constituted an “on sale” bar.  Judge John Feikens adopted Special Master Richard Grauer’s Report and Recommendation that plaintiff’s claims were barred by its own on-sale activities.  After reviewing the elements of a commercial offer vis-à-vis method claims and the law of the case doctrine, the report discusses in depth the sales and purchase practices of the automotive industry.  It concludes that plaintiff’s quotes—while not likely to be accepted without significant negotiations, back-and-forth, etc.–could have been accepted to create a binding contract, and thus qualify under Group One and establish an on-sale bar.

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