ScienceNOW is the website of the American Association of the Advancement of Science (AAAS), and it serves as a daily Internet news service. An advertisement on ScienceNOW sought "news tips" and stated that the tip would be investigated for its suitability as a news item in ScienceNOW or perhaps even an article in Science, AAAS's published scholarly journal.
Trell, a Swedish professor and medical doctor, submitted a manuscript to defendants regarding a famous mathematical problem, Beal's Conjecture, and asked for its review and publication in Science. Trell alleged that he did this in response to ScienceNOW's requests for news tips. AAAS declined to purchase the manuscript because it determined that it was not news and did not appear to solve the mathematical problem. Trell alleged that the advertisement for news tips was an offer. Was it?