Full Fed. Circ. May Blunt On-Sale Bar's Risk to Small Cos.
Paul A. Calvo, Ph.D. is quoted in Law360's article "Full Fed. Circ. May Blunt On-Sale Bar's Risk to Small Cos," discussing the decision by the Federal Circuit to review a decision that invalidated patents for the blood-thinner Angiomax pursuant to the on-sale bar. The bar holds that an invention cannot be patented if it has been on sale for at least a year prior to patent filing. There will be an en banc rehearing of an earlier decision that two of The Medicines Co's patents are invalid because the company paid a supplier to make experimental batches.
"I think one of the things the court is going to spend some time distinguishing is the type of claims at issue here," Dr. Calvo said adding, "a number of bad things happened here, but if the company had filed its applications earlier, this could all have been avoided."
For more information regarding the Federal Circuit's decision, visit Law360.com.