Law360, New York ( June 11, 2013, 12:41 PM EDT) -- The Federal Circuit's May 20 decision in Dey LP v. Sunovion Pharmaceuticals Inc., Case No. 2012-1428, provides a welcome clarification of the court's "public use" law. The court explained that an alleged "public use" is invalidating only if it is sufficiently "accessible to the public" so that the public could reasonably believe that the invention is freely available. The court also addressed head on the important question of whether the same standards should apply to third-party public uses as to uses by the patent owner, and confirmed that the same standards should apply. After explicating the proper legal standards, the court held that the lower court misapplied the law in several important respects....
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