Medicines Company v. Hospira, Inc., No. 14-1469 (Fed. Cir. July 11, 2016)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Today, we consider the circumstances under which a product produced pursuant to the claims of a product -by- process patent is “on sale” under 35 U.S.C. § 102(b). This is important because, if “on sale” more than one year before the filing of an application for a patent on the governing claims, any issued patent is invalid and the right to exclude others from making , us ing, and sell ing the resulting product is lost.