Konrad invented a system that allowed a computer user to access and search a database residing on a remote computer. He filed for a patent on January 8, 1993, which ultimately issued.

In 2000, Konrad filed a patent infringement suit against 39 entities, arguing that they had infringed his patent. The defendants moved for summary judgment, arguing that prototypes of the invention were in public use or on sale prior to January 8, 1992.

Konrad had demonstrated his system to University of California computing personnel in 1991. During these demonstrations, Konrad would turn on his system and let people try it out. These individuals were not told to keep the information confidential nor were they required to sign a confidentiality requirement. Konrad did not keep records of these demonstrations, nor did he solicit feedback from the users.

Konrad contended that the 1991 demonstrations were experimental uses for the purposes of obtaining technical information for upgrades and refining the invention. Konrad testified that the purpose of the demonstrations was to convince the University of California computing services people that there was a “viable project.” He also testified that he hoped the demonstrations would make the university personnel more supportive of his project; ultimately, he was seeking outside endorsements of his invention.

Is Konrad’s patent invalid under Section 102(b)?