The Medicines Company v. Hospira (2016) — Federal Circuit En Banc Holds Contract Manufacturer’s Services Sale Is Not an Invalidating On-Sale Bar Event
An en banc Federal Circuit held that a pharmaceutical company’s contract with a manufacturer to produce drug batches — where title to the product remained with the inventor — did not constitute a ‘commercial sale’ triggering the on-sale bar under Section 102(b), clarifying the boun