Elan Corp. PLC v. Andrx Pharmaceuticals, Inc.

Case Number: CLB0066

Date: 05.05.2004

Citation: 70 U.S.P.Q.2d 1722 (Fed. Cir. 2004)

Only an offer which rises to the level of a commercial offer for sale—one which the other party could make into a binding contract by simple acceptance—constitutes an offer for sale under 35 U.S.C. § 102(b); and the sale of patent rights to an invention does not constitute an offer for sale under Section 102(b) of the invention.

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