Federal Circuit: MEDICINES COMPANY v. HOSPIRA, INC.

Patents, UCC, En Banc

For purposes of Patent law, a product is considered to be onsale when the parties make a sale or offer for sale under the UCC.  Title to the embodiments or rights to the manufacturing must change hands -- stockpiling, contract for manufacturing, and other transactions of commercial benefit do not necessarily qualify.


 MEDICINES COMPANY v. HOSPIRA, INC.