Legal Opinion

Medicines Company v. Hospira, Inc.

Court of Appeals for the Federal Circuit

Decided February 6, 2018No. 2014-1469, 2014-1504PublishedCited by 9 opinions

1Opinion of the Court

Hughes, Circuit Judge.

The Medicines Company appeals findings of no infringement made by the United States District Court for the District of Delaware. Hospira cross-appeals the district court’s finding that a distribution agreement did not constitute an invalidating “offer for sale” under 35 U.S.C. § 102(b). We affirm the district court’s noninfringement findings and remand the case for the district court to determine whether the on-sale bar applies.

I

The Medicines Company owns U.S. Patent Nos. 7,582,727 and 7,598,343. Both patent applications were filed on July 27, 2008. The patents cover an…

2Cases cited15 opinions

  1. Pfaff v. Wells Electronics, Inc.Supreme Court of the United States · 1998
  2. Amgen Inc., Plaintiff-Cross v. Hoechst Marion Roussel, Inc. (Now Known as Aventis Pharmaceuticals, Inc.) and Transkaryotic Therapies, Inc.Court of Appeals for the Federal Circuit · 2003
  3. Wms Gaming Inc. v. International Game TechnologyCourt of Appeals for the Federal Circuit · 1999
  4. Intel Corporation v. Ulsi System Technology, Inc.Court of Appeals for the Federal Circuit · 1993
  5. Group One, Ltd. v. Hallmark Cards, IncorporatedCourt of Appeals for the Federal Circuit · 2001

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3Cited by9 opinions

  1. Energy Heating, LLC. v. Heat On-The-Fly, LLCCourt of Appeals for the Federal Circuit · 2018
  2. Tour Tech. Software, Inc. v. RTV, Inc.District Court, E.D. New York · 2019
  3. Crown Packaging Technology, Inc. v. Belvac Production MacHinery, Inc.Court of Appeals for the Federal Circuit · 2024
  4. CR Bard v. AngioDynamicsDistrict Court, D. Delaware · 2020
  5. CR Bard v. AngioDynamicsDistrict Court, D. Utah · 2020

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