Full Fed. Circ. Limits On-Sale Bar's Reach In Angiomax Case

By Ryan Davis (July 11, 2016, 11:37 AM EDT) -- The full Federal Circuit ruled Monday that the on-sale bar invalidating a patent is triggered only by a transaction that "bears the general hallmarks of a sale," holding that The Medicines Co.'s deal with a supplier for experimental batches of the blood thinner Angiomax did not invalidate its patents.

In a unanimous en banc ruling, the full court reached the opposite conclusion from a panel decision last year that held that The Medicines Co.'s transaction was enough to render its patents on methods of making the drug invalid in a dispute with generics maker Hospira Inc.

The on-sale bar holds that...

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