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Merck Tells Justices Only Public Sales Trigger On-Sale Bar

By Ryan Davis ( October 20, 2016, 7:21 PM EDT) -- Merck and Bayer have asked the U.S. Supreme Court to rule that only public sales of a product before a patent application is filed render a patent invalid under the on-sale bar, arguing that the Federal Circuit has wrongly held for years that even secret sales trigger the bar....

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