The upcoming case on the "on-sale" bar involving The Medicines Company and Angiomax
Meanwhile, in its own court filing in support of The Medicines Company, the BIO industry trade group wrote the panel decision “would apply to any contract in which a patent holder uses a CMO [contract manufacturer organization] to assist in producing a product made by a patentable process. Such an interpretation of the on-sale bar discourages use of CMOs and, accordingly, promotes an inefficient and costly method of production of valuable pharmaceuticals.”
link: https://www.statnews.com/pharmalot/2016/05/05/appeals-court-patent-drug-makers/
A prior post on IPBiz:
http://ipbiz.blogspot.com/2015/11/re-hearing-en-banc-granted-to-medicines.html
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