Reference no: EM131473231

Question: Invitrogen Corp. held a process patent on the introduction of recombinant DNA molecules into receptive E. coli cells. Invitrogen sued Stratagene for infringement of the patent. Strategene defended by arguing that the Invitrogen's patent was invalid due to public use under Section 102(b). The parties both agreed that Invitrogen used the process protected by the patent in its own laboratories more than one year prior to filing for a patent. Invitrogen did not sell the process or any products made with it.

Rather, it kept the use of the process confidential and the process was known only within the company, Invitrogen did use the process in its own laboratories to grow cells to be used in other research within the company. The district trial ruled that this use of the invention in Invitrogen's general business of widespread research was for commercial advantage and generated commercial benefits. The court determined that this was "public use" that had occurred more than one year prior to the filing for the patent application, and that the patent was thus invalid. Invitrogen appealed this decision. How should the appellate court rule, and why?