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CAFC On-Sale Bar Patent Invalidity

A&O Shearman

Federal Circuit Affirms Patent Invalidity, Emphasizes Need For Substantive Expert Testimony

A&O Shearman on

On August 19, 2025, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the U.S. District Court for the Eastern District of Louisiana’s grant of summary judgment that claims of Wilco Marsh Buggies &...more

McDermott Will & Schulte

Dim damages methods can doom bright ideas

In a mixed ruling on evidentiary exclusions and damages methodology, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part, and remanded a district court’s decision that excluded...more

Foley & Lardner LLP

En Banc CAFC Requires UCC Sale For On Sale Bar

Foley & Lardner LLP on

In an en banc decision issued in The Medicines Company v. Hospira, Inc., the Federal Circuit determined that in order for a commercial transaction to trigger the on-sale bar of § 35 USC 102(b), it must “bear the general...more

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