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Abbott Laboratories v. Geneva Pharmaceuticals Inc.

Federal Circuit Court of Appeals

182 F.3d 1315 (1999)

Summary
Procedural History
Judicial Opinion
Citations

An on-sale bar to patentability exists under 35 U.S.C. § 102(b) if the invention is the subject of a commercial sale or offer for sale and is ready for patenting, regardless of the seller's knowledge of the product's characteristics.

Relevant Facts

Abbott Laboratories (plaintiff) sued Geneva Pharmaceuticals Inc. (defendant) for patent infringement. More than one year before the filing date of Abbott’s ‘207 patent, a third party sold the drug that was later patented by Abbott, although the exact nature of the product was unknown at the time of sale.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 8, 2023

Judicial Opinion

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Procedural History

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Citations

182 F.3d 1315 (1999)

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