“offer to sell.” See 3D Systems, 160 F.3d at 1378. The relevant defendant there sent eight letters listing prices and describing the merchandise for sale to four different companies in California. Id. at 1376. The same defendant also sent order solicitations along with videos, sample parts and other promotional materials to eighteen other prospective customers in California. Id. U.S. Aquarium’s alleged conduct was not similar. Plaintiffs do not assert any facts indicating that U.S. Aquarium offered to sell the infringing goods to any resident of Massachusetts. In analyzing whether a defendant’s conduct amounted to an offer to sell, the Federal Circuit looked for evidence that the relevant parties discussed price, quantity and delivery dates. See HollyAnne, 199 F.3d at 1308-09 (<HOLDING>). Plaintiffs here do not allege any
recognizing further that the offer of proof allows the aggrieved party to present a proper record for review on appeal and in the absence of such an offer error may not be preserved holding that a valid contract requires acceptance of an offer holding that an offer to donate cannot be an offer to sell holding an unaccepted settlement offer or offer of judgment does not moot a plaintiffs case emphasis added holding that an offer to compromise is generally not admissible as an admission