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Patent Law Keyed to Adelman
Scott v. Finney
Facts
Dr. Finney (Defendant) and Dr. Scott (Plaintiff) filed for patents concerning a penile implant for impotent patients. This implant was to consist of a rod that would become rigid upon being filled with liquid that would enter the rod through a pump-and-valve mechanism. Defendant was the senior party and his filing date was May 15, 1980. Plaintiff's evidence of reduction to practice before this date consisted of a videotape of a prototype device being implanted in an anesthetized patient. Plaintiff operated the device in the patient several times to simulate an erection before removing it. Although the invention in practice would require one valve-and-rod mechanism on each side of the penis, Plaintiff's test consisted of only one. In addition to the video, Plaintiff provided evidence of testing for leakage. It was the Board's finding that Plaintiff had failed to show the device would operate successfully under actual usage conditions for a reasonable length of time, so he had failed to show reduction to practice. Plaintiff appealed.
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