"'An invention is in public use if it is shown to or used by an individual other than the inventor under no limitation, restriction, or obligation of confidentiality.'" Minerva Surgical, Inc. v. Hologic, Inc., 59 F.4th 1371, 1377 (Fed. Cir. 2023) (quoting Am. Seating Co. v. USSC Grp., Inc., 514 F.3d 1262, 1267 (Fed. Cir. 2008)). "To determine whether this occurred, the court considers, 'inter alia, the nature of and public access to activities involving the invention [and] confidentiality obligations imposed upon observers.'" Id.

Cellulose nonetheless cites Minerva Surgical, Inc. v. Hologic, Inc., for the proposition that distribution of samples is public disclosure. 59 F.4th 1371, 1373, 1376-78 (Fed. Cir. 2023). Minerva is distinguishable because it involved patents invalidated under the public-use bar of pre-AIA section 102, which did not include the exceptions of the current section 102(b).