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Federal Circuit’s en banc MedCo ruling clarifies on-sale bar

Natalie Rahhal, New York


In a unanimous en banc decision in The Medicines Company v Hospira, the Federal Circuit addressed and clarified the “on sale” bar, a source of much anxiety for pharmaceutical companies

The Federal Circuit sitting en banc ruled in its  The Medicines Company v Hospira opinion that MedCo’s purchase of manufacturer Ben Venue’s services to produce its anticoagulant drug Angiomax, which contains blood thinner bivalirudin, did not trigger the on-sale bar,...


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