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On-Sale Bar Medco Health Solutions

Winstead PC

Patent Law: Making On-Sale Bar Jurisprudence Coherent

Winstead PC on

“Rather than rest our decision on formalities, our focus is on what makes our on-sale bar jurisprudence coherent: preventing inventors from filing for patents a year or more after the invention has been commercially marketed,...more

Knobbe Martens

Federal Circuit Rules for The Medicines Company in Patent Litigation

Knobbe Martens on

In an en banc decision on July 12, 2016 in The Medicines Co. v. Hospira, Inc., the Federal Circuit established the circumstances under which a product manufactured according to product-by-process claims is invalid under the...more

Morgan Lewis

Federal Circuit Defines Commercial Sale For ‘On-Sale’ Bar

Morgan Lewis on

Unanimous en banc Federal Circuit holds that on-sale bar only applies where a commercial sale “bears the general hallmarks of a sale.” On July 11, in a unanimous en banc ruling, the full US Court of Appeals for the...more

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