Merck & Cie v. Watson Laboratories Inc., No. 15-2063 (Fed. Cir. May 13, 2016)

From the Opinion

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Watson Laboratories, Inc. (“Watson”) appeals the final judgment of the United States District Court for the District of Delaware holding that claim 4 of U.S. Patent No. 6,441,168 (the “’168 patent”) is not invalid under the on-sale bar of 35 U.S.C. § 102(b) (2006). 1 See Merck & Cie v. Watson Labs., Inc. , 125 F. Supp. 3d 503 (D. Del. 2015) (“District Court Decision ”). For the reasons discussed below, we reverse. BACKGROUND A.