Legal Opinion
Medicines Company v. Hospira, Inc.
Court of Appeals for the Federal Circuit
Decided July 11, 2016No. 2014-1469, 2014-1504PublishedCited by 35 opinions
1Opinion of the Court
O’MALLEY, Circuit Judge.
Today, we consider the circumstances under which a product produced pursuant to the claims of a. product-by-process patent is “on sale” under 35 U.S.C. § 102(b). This is important because, if “on sale” more than one year before the filing of an application for a patent on the governing claims, any issued patent is invalid and the right to exclude others from making, using, and selling the resulting product is lost. We conclude that, to be “on sale” under § 102(b), a product must be the subject of a commercial sale or offer for sale, and that a commercial sale is one…
2Cases cited43 opinions
- Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Pfaff v. Wells Electronics, Inc.Supreme Court of the United States · 1998
- Smithkline Beecham Corp. v. Apotex [Corrected Date]Court of Appeals for the Federal Circuit · 2006
- Pennock v. DialogueSupreme Court of the United States · 1829
38 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.Court of Appeals for the Federal Circuit · 2017
- The Medicines Company v. Mylan, Inc.Court of Appeals for the Federal Circuit · 2017
- Dorman Products, Inc. v. Paccar, Inc.District Court, E.D. Pennsylvania · 2016
- Reg Synthetic Fuels, LLC v. Neste Oil OyjCourt of Appeals for the Federal Circuit · 2016
- Basf Corporation v. Snf Holding CompanyCourt of Appeals for the Federal Circuit · 2020
30 more not listed; retrieve them via the Exa API.