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Nine Energy Service, Inc. (NINE)

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NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under the AIA
Sep 25, 2026

NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under the AIA

The Federal Circuit Court, in the case of NCS Multistage Inc. v. Nine Energy Service, Inc., clarified that a commercial sale of an invention does not automatically qualify as a "public disclosure" under the AIA safe harbor (35 U.S.C. § 102(b)(1)(B)). Relying on its prior decision in Sanho Corp. v. Kaijet Technology International Ltd., the court emphasized that a disclosure is considered public only when the invention's subject matter is genuinely made available to the public, meaning private transactions with confidentiality or limited access do not meet this standard. This decision underscores that inventors should not assume limited sales or pre-filing commercialization efforts will trigger the safe harbor, and proper coordination of patent-filing and commercialization strategies is crucial.
Company relevance
100.00%
Company sentiment
Somewhat-Bearish
Overall sentiment
Somewhat-Bearish