- Whether contract manufacturing services confidentially performed by a third party to make experimental validation batches of a claimed product on behalf of a patentee constitute a commercial sale under the on-sale bar of 35 U.S.C. § 102(b), including:
- Whether the Court should overrule or revise the principle in Special Devices v. OEA that there is no “supplier exception” to the § 102(b) on-sale bar.
To view the IP360 Article, please click here.
To view the Federal Circuit’s Order, please click here.
To view the Medicines Company’s en banc petition, please click here.