Administrative/Regulatory
Jul. 18, 2016
Federal Circuit clarifies the 'on-sale bar'
A recent ruling overturns an earlier panel decision that made waves by invalidating two pharmaceutical patents under the on-sale bar, solely based on the outsourced manufacture of the claimed product. By Adam Lewin and Ewa M. Davison
The U.S. Court of Appeals for the Federal Circuit, sitting en banc, issued a unanimous opinion recently with important implications for the "on-sale bar" of 35 U.S.C. Section 102(b). The ruling in The Medicines Co. v. Hospira Inc. overturns an earlier panel decision that made waves in the life sciences industry by invalidating two pharmaceutical patents under the on-sale bar, solely based on the outsour...
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