En Banc Federal Circuit Clarifies Standard For On-Sale Bar In Patent Cases

(July 12, 2016, 11:22 AM EDT) -- WASHINGTON, D.C. — To trigger the “on-sale” bar set forth at 35 U.S. Code Section 102(b), a product “must be the subject of a commercial sale or offer for sale,” and a commercial sale is “one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code,” a unanimous, en banc Federal Circuit U.S. Court of Appeals ruled July 12 (The Medicines Company v. Hospira Inc., et al., Nos. 14-1469, -1504, Fed. Cir.; 2016 U.S. App. LEXIS 12667).

(Decision available....
To view the full article, register now.