How do courts weigh objective evidence against inventor testimony?

Courts typically give more weight to objective evidence than to inventor testimony when determining whether a use or sale was experimental. The MPEP 2133.03(e)(2) cites a recent case:

“Sunoco Partners Mktg. & Terminals LP v. U.S. Venture, Inc., 32 F.4th 1161, 1171-72, 2022 USPQ2d 417 (Fed. Cir. 2022) (The Federal Circuit relied on the objective evidence of the contract over the inventors’ testimony that their intent for the agreement was experimental)”

This illustrates that courts prioritize concrete, objective evidence such as contracts or documentation over the subjective testimony of inventors about their intentions.

To learn more:

• objective evidence
• inventor testimony
• experimental use
• court decisions