Hospira's Angiomax Generic At Risk As Contract Manufacturing Gets Legal Reprieve

Federal Circuit en banc court reverses panel decision, giving The Medicines Company chance to prove infringement and get Hospira's generic off the market.

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Heeding the pleas of the US government and biopharmaceutical industry, the full US Court of Appeals for the Federal Circuit ruled that Ben Venue Laboratories Inc.'s contract manufacturing of The Medicines Co.'s anticoagulant Angiomax (bivalirudin) was not a commercial sale and thus did not invalidate the company's patents.

The July 11 decision in The Medicines Company v. Hospira clarifies the application of the on-sale bar provision...

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