Tag Archives: On-Sale Bar

Are Secret Sales Prior Art Under The AIA?

In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit found that a publicly-announced “Supply and Purchase” agreement triggered the on-sale bar under pre-AIA 35 USC § 102(b) and under AIA 35 USC § 102(a)(1).  With this case, the court offered its first interpretation of the on-sale bar of the America Invents Act. … Continue reading this entry

En Banc CAFC Requires UCC Sale For On Sale Bar

In an en banc decision issued in The Medicines Company v. Hospira, Inc., the Federal Circuit determined that in order for a commercial transaction to trigger the on-sale bar of § 35 USC 102(b), it must “bear the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code.” Unlike the three-judge panel … Continue reading this entry

On Sale Bar Invalidates Safyral, Beyaz Folate Patent

In Merck & CIE v. Watson Laboratories, Inc., the Federal Circuit found communications between Merck and a potential joint venture partner amounted to a commercial offer to sell that invalidated the Orange Book-listed folate patent at issue. Despite the confidentiality agreement that was in place, a footnote in the court’s opinion indicates that it was … Continue reading this entry

Federal Circuit To Revisit On Sale Bar Triggered By Contract Manufacture

Friday the 13th may have been The Medicines Company’s lucky day, since the Federal Circuit granted its petition for rehearing en banc in The Medicines Company v. Hospira, Inc. In  the court’s original decision, which I discussed in this article, the court found that the use of a contract manufacturer gave rise to an on … Continue reading this entry

Contract Manufacturing Makes Angiomax Patents Invalid Under On Sale Bar

In The Medicines Company v. Hospira, Inc., the Federal Circuit held that a transaction with a contract manufacturer gave rise to an on sale bar that invalidated The Medicines Company’s Angiomax® patents.  Are the facts of this case unusual, or does this decision put other pharmaceutical patents at risk? Would the on sale bar of … Continue reading this entry

Federal Circuit Finds On Sale Bar From Purchase Order Between Patent Holder And Supplier

In Hamilton Beach Brands, Inc. v. Sunbeam Products, Inc., the Federal Circuit affirmed the district court’s finding that the asserted claims were invalid under the on sale bar of 35 USC § 102(b) due to a purchase order between Hamilton Beach and it’s supplier. Judge Reyna’s dissenting opinion questions whether the transaction at issue was a … Continue reading this entry

Federal Circuit Warns That Early Offer For Sale Can Come Back To Bite You

In August Technology Corp. v. Camtek, Ltd., the Federal Circuit stated that an on-sale bar can arise as long as there is an offer for sale and conception of the invention some time prior to the critical date, even if the offer precedes the conception. The court may have gone too far both in addressing … Continue reading this entry