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On Sale At Fed. Circ.: Clarity For Patent Invalidity Claims

Law360, New York ( July 13, 2016, 11:02 AM EDT) -- On July 11, 2016, the Federal Circuit, sitting en banc, issued a precedential opinion in The Medicines Company v. Hospira Inc., in which it clarified the meaning of "on sale" for purposes of 102(b). According to the Federal Circuit, to be "on sale," a product "must be the subject of a commercial sale or offer for sale," and that "a commercial sale is one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code."[1]...

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