The slides from my talk are now available at tinyurl.com/rjm-102b - shorthand for http://myunpublishedworks.com/DOCS/112and102b-Jan2016-Nautilus-and-Medicines-v-Hospira.pptx .
The 102(b) appeal in Medicines v. Hospira will soon be heard en banc by the Federal Circuit. Cross-appeals from the Delaware District Court's bench trial opinion were decided by a panel of the Federal Circuit in July, 2015. The panel determined, among other things, that Patent Owner (PO) Medicines had violated the on-buy bar, as I chose to call it in my talk. PO petitioned for rehearing en banc and its petition was granted on November 12, 2015. Accused Infringer (AI) Hospira was ordered to file the first brief because it was appellant on the 102b issue. After a joint request for extension, the deadline for that brief was January 11, 2016, three days before my talk. Medicines brief is due February 24. I believe that amicus briefs in support of neither party or Hospira were due January 18 and amicus briefs in support of Medicines are due March 2. Under the Order granting the petition for rehearing, amicus briefs "may be filed without consent of the parties and leave of court."
rev 1 20160425