When is a sale not a sale? Federal Circuit narrows on-sale bar to patents
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Abstract: In a recent ruling, the Federal Circuit Court of Appeals provided guidance on what constitutes a sale for purposes of the on-sale bar to patent validity. This article summarizes the case, explaining that the appeals court focused on the first prong — the subject of a commercial offer for sale — of the Supreme Court’s two-prong test. A sidebar notes the court’s rejection of the “supplier exception” in the same case. The Medicines Co. v. Hospira, Inc., No. 2014-1469, -1504, July 11, 2016 (Fed. Cir.)
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