• Full Federal Circuit Affirms District Court on Inapplicability of On-Sale Bar to MedCo’s Transactions
  • August 5, 2016 | Author: Ernest V. Linek
  • Law Firm: Banner & Witcoff, Ltd. - Boston Office
  • Yesterday, the Court of Appeals for the Federal Circuit issued a unanimous en banc decision in favor of The Medicines Company (MedCo), holding that use of a contract manufacturer’s services does not constitute an invalidating sale under Section 102(b) of the America Invents Act where neither title to the product nor the right to market the same passes to the supplier. Rather, in order for the on-sale bar to apply, the court held that the 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 the Uniform Commercial Code.