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Abbott Laboratories v. Geneva Pharmaceuticals Inc.

Federal Circuit Court of Appeals

182 F.3d 1315 (1999)

Relevant factsFree

Abbott Laboratories (plaintiff) sued Geneva Pharmaceuticals Inc. (defendant) for patent infringement. More than one year before Abbott filed its '207 patent, a third party had sold the drug that Abbott later patented, though the exact nature of the product was unknown at the time of that sale.

IssueFree

Whether a prior sale of a product triggers the on-sale bar to patentability under 35 U.S.C. section 102(b) even where the seller was unaware of all of the product's characteristics.

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