The Medicines Company v. Hospira, Inc.,

Case Number: CLB0372

Date: 07.11.2016

Citation: United States Court of Appeals for the Federal Circuit Nos. 2014-1469, -1504

Federal Circuit finds that a ‘supply contract’ for manufacturing services between a manufacturer and an inventor, more than one year before filing a patent application, does not trigger the on-sale bar of 35 U.S.C. § 102(b) (pre-AIA) as it is not a “commercial sale” under the Uniform Commercial Code.

Download PDF Return to Case Law Briefs Main Page