The Federal Circuit’s Junker v. Medical Components, Inc. decision is a good reminder of the importance of pursuing patent protection earlier rather than later. Mr. Junker filed for and received U.S. Design Patent No. D450,839 for a catheter sheath. Prior to filing, Junker sought a third party to handle the manufacture of his new design and entered into a non-disclosure agreement (NDA) with the third party. Discussions continued over several months and a prototype was provided to Junker. Apparently without Junker’s knowledge, the third party offered Junker’s design for sale to Boston Scientific sending a letter detailing bulk pricing information more than one year prior to filing date of the design patent. The third party’s actions created an on-sale bar that invalidated Junker’s design patent.
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