July 21, 2016
Authored and Edited by Christopher B. McKinley; Jennifer H. Roscetti
In Medicines Co. v. Hospira, Inc., 827 F.3d 1363 (Fed. Cir. 2016) (en banc), the CAFC held that a patentee’s agreement with a third party to manufacture a patented drug was not a bar to patentability. The CAFC held that the manufacturing agreement was a contract for service—i.e., the manufacture of the anticoagulant Angiomax®—not a sale of the drug itself. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
United States Court of Appeals for the Federal Circuit (CAFC), drugs, anticipation, Food and Drug Administration (FDA), on-sale bar
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