Full Fed. Circ. To Review On-Sale Bar In Angiomax Patent Suit
Law360, New York (November 13, 2015, 7:40 PM EST) -- The full Federal Circuit on Friday agreed to review a panel decision overruling a trial judge and invalidating two of The Medicines Co.'s patents for the blood-thinning drug Angiomax, positioning the court to consider questions about what constitutes an on-sale bar.
In a brief order, the appeals court vacated the three-judge panel's July decision, which found the patents were invalid because the claimed process was offered for sale well before the patent applications were filed.
Under the so-called on-sale bar, an invention cannot be patented if it was ready for patenting and was subject to a commercial offer for sale more...
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