February 23, 2018
Authored and Edited by Pier D. DeRoo; M. Andrew Holtman, Ph.D.
In Medicines Co. v. Hospira, Inc., Nos. 2014-1469, -1504 (Fed. Cir. Feb. 6, 2018), the CAFC held that a patentee’s particular distribution agreement with a third-party to distribute the anticoagulant Angiomax® qualified as an offer for sale under 35 U.S.C. § 102(b). The CAFC held that the particular distribution agreement at issue had the characteristics of a commercial offer for sale, including a commercial price, transfer of title, and descriptions of the parties’ desires to buy and sell the pharmaceutical drug product. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
Food and Drug Administration (FDA), drugs, United States Court of Appeals for the Federal Circuit (CAFC), anticipation, on-sale bar
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