The Medicines Company v. Hospira Inc., Fed. Cir., No. 2014-1469,-1504, amicus brief filed 1/19/2016
A transaction between an inventor and its supplier to produce the claimed invention is not a commercial offer for sale, and therefore does not trigger the on-sale bar to patentability under 35 U.S.C. §102(b)(pre-AIA), AIPLA argued to the en banc Federal Circuit in a January 19, 2016 amicus brief.
“[T]his Court has applied the on-sale bar to supplier-to-inventor transactions involving activities that would not result in a patent-barring event if performed in-house by the inventor,” the brief states. “The application of the on-sale bar should not turn on whether inventors need or choose to commercially contract with third parties to develop or produce their inventions.” AIPLA urged the court to overrule Special Devices, Inc. v. OEA, Inc., 270 F.3d 1353 (Fed. Cir. 2013) to that it is necessary to recognize that a supplier transaction falls outside of the on-sale bar.
“[T]his Court has applied the on-sale bar to supplier-to-inventor transactions involving activities that would not result in a patent-barring event if performed in-house by the inventor,” the brief states. “The application of the on-sale bar should not turn on whether inventors need or choose to commercially contract with third parties to develop or produce their inventions.” AIPLA urged the court to overrule Special Devices, Inc. v. OEA, Inc., 270 F.3d 1353 (Fed. Cir. 2013) to that it is necessary to recognize that a supplier transaction falls outside of the on-sale bar.
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World IP Day 2025
April 30, 2025 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on April 30 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2025. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and Music: Feel the Beat of IP.”