· 6/15/2001
Group One, Ltd. v. Hallmark Cards, Incorporated
Citations
- 254 F.3d 1041
- 45 U.C.C. Rep. Serv. 2d (West) 88
- 59 U.S.P.Q. 2d (BNA) 1121
- 2001 U.S. App. LEXIS 13291
- 2001 WL 668549
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “the offer must meet the level of an offer for sale in the contract sense, one that would be understood as such in the commercial community”
- rejecting the argument “that the bid documents themselves must disclose the invention with respect to. all claim elements” since that is “clearly not legally correct” and there can be “a definite offer for sale or a sale of a claimed invention even though no details are disclosed”
- “[M]ere advertising and promoting of a product may be nothing more than an invitation for offers, while responding to such an invitation may itself be an offer”
- “Only an offer which rises to the level of a commercial offer for sale, one which the other party could make into a binding contract by simple acceptance (assuming consideration
- ‘We do note in passing that contract law traditionally^ recognizes that mere advertising and promoting of a product maybe nothing more than an invitation for offers, while responding to such an invitation may itself be an offer.”
- also looking to the U.C.C. to inform federal common law
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Plager, Gajarsa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.