In The Medicines Company v. Hospira, Inc., App. No. 14-1469, 14-1504 (Fed. Cir. July 11, 2016) (slip op.) (en banc
Federal Circuit Provides Clarity For Contract Manufacturing On-Sale Invalidity Claims
In <i>The Medicines Company v. Hospira</i>, the Federal Circuit provided clarity and guidance to companies that rely on contract manufacturing, holding that "to be 'on sale' under '102(b), a product must be the subject of a commercial sale or offer for sale, and that a commercial sale is one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code."
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