RCA Corp. v. Data Gen. Corp., 887 F.2d 1056, 1061 (Fed.Cir.1989)). In short, Defendant met its burden in demonstrating that no genuine issue would preclude summary judgment. Sparton simply has not established that any material issue of fact requires a resolution at trial, thus summary judgment is appropriate. Vivid Technologies, Inc., 200 F.3d at 806-07. B. The Commercial Offer for Sale Whether a commercial offer for sale or sale has occurred depends on traditional contract law principles. “[T]he 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.” Group One, Ltd. v. Hallmark Cards, Inc., 254 F.3d 1041, 1046 (Fed.Cir.2001); Linear Tech. Corp. v. Micrel, Inc., 275 F.3d 1040, 1048 (Fed.Cir.2001) (<HOLDING>). “Only an offer which rises to the level of a
recognizing the effective overruling of bankes recognizing implicit overruling of wehr recognizing the overruling of milford township recognizing the overruling of rca corp v data gen corp 887 f2d 1056 fedcir1989 recognizing prandinis overruling