Merck & Cie v. Watson Labs., Inc.
Merck & Cie v. Watson Labs., Inc., 2015-2063
In a case alleging infringement when defendant filed an Abbreviated New Drug Application (ANDA) seeking approval to manufacture and market generic versions of the patented Safyral and Beyaz oral contraceptive products, the District Court’s judgment holding that a claim of the patent is not invalid under the on-sale bar of 35 U.S.C. section 102(b) (2006), is reversed where because plaintiff’s offer to sell the patent was a premature commercial exploitation of its invention, the claim at issue is invalid under the on-sale bar.
- Published 2016/05/13
- United States Federal Circuit