Category Archives: On-Sale Bar

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. et al.

Docket No. 2016-1284, -1787 DYK, MAYER, O’MALLEY May 1, 2017 Brief Summary: FC panel reversed DC and found the asserted claims invalid under the § 102(b) on-sale bar. The FC panel concluded that the AIA did not change the meaning … Continue reading

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The Medicines Company (“MedCo”) v. Hospira, Inc.

Docket No. 2014-1469, -1504 En banc opinion July 11, 2016 Brief Summary: En banc opinion concluded “a product produced pursuant to the claims of a product-by-process patent is ‘on sale’ under 35 U.S.C. § 102(b)…must be the subject of a … Continue reading

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Merck & CIE et al. v. Watson Laboratories, Inc.

Docket No. 2015-2063, -2064 DYK, MAYER, HUGHES May 13, 2016 Brief Summary: DC decision that there was no § 102(b) on-sale bar reversed due to fax including “all the required elements to qualify as a commercial offer for sale” (“essential … Continue reading

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The Medicines Company v. Hospira, Inc.

Docket No. 2014-1469, 2014-1504 DYK, WALLACH, HUGHES July 2, 2015 Brief Summary: DC decision of no on-sale bar under 35 USC § 102(b) reversed because production of drug batches by outside party using an embodiment of the patented method over … Continue reading

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