Bass, Berry & Sims attorney Terry Clark provided insight for an article outlining the Federal Circuit’s decision to conduct en banc review of the patent case involving Angiomax. In that case, a panel of the Federal Circuit held that the product-by-process claims in the patents were invalid under the on-sale bar because the patentee hired an outside laboratory to manufacture test batches of Angiomax more than one year before the patent applications were filed. According to Terry, the en banc Federal Circuit “could rule that a confidentiality agreement with the supplier, ensuring that the patented invention is not made public, would prevent the on-sale bar from applying.”
The full article, “Full Fed. Circ. May Blunt On-Sale Bar’s Risk To Small Cos.,” was published by Law360 on November 18, 2015 and is available online.