No Infringing Offer to Sell Found In Light of Intent to Provide Non-Infringing System in Response to RFP Calling for Patented Features

Case: FieldTurf International, Inc. v. Sprinturf, Inc., No. 04-1553 (Fed Cir. 1/6/06)


The One Sentence Summary: Seeking the inclusion of patented features in a school district’s RFP was not unfair competition, and winning the RFP without an intent to provide an infringing system did not constitute patent infringement.

What They Were Fighting About: Defendant Springturf won a bidding contest where the original school district RFP (which was later modified) had specified features of plaintiff Fieldturf’s patented synthetic turf. Springturf’s original winning bid did not establish patent infringement because it did not intend to deliver an infringing system.

Federal Circuit Holdings:

• The district court correctly granted summary judgment of non-infringement after considering evidence that defendant intended to deliver a non-infringing product in response to RFP that specified patented features.


• Plaintiff did not compete unfairly by seeking to have the school district specify patented features of its product in RFP.


• An award of attorneys’ fees to defendant was not warranted because there was no “egregious action” by plaintiff in asserting patent infringement.