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Intellectual PropertyFeaturesLitigationPatent LitigationThe Intellectual Property Strategist

Supreme Court to Review Post-AIA On-Sale Bar

By Jon Bachand and Ari Feinstein
August 01, 2018
America Invents Act (AIA) on sale, or otherwise available to the public

Changes to the Language of the On-Sale Bar                   

Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc. Id RCA Corp. v. Data Gen. Corp. Pennock v. Dialogue

The Federal Circuit's Holding in Helsinn

Helsinn Helsinn Healthcare S.A. Id Id Id Id Dir., OWCP v. Perini N. River Assocs. Id Id Id sale Id Id Egbert v. Lippman Beachcombers Int'l, Inc. v. Wildewood Creative Products, Inc. JumpSport, Inc. v. Jumpking, Inc. en banc Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc. Id Id see also, Helsinn Healthcare S.A. Medicines Co. v. Hospira, Inc.

Helsinn's Petition for Writ of Certiorari

certiorari Petition for a Writ of Certiorari, Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc. Id S. Rep. No. 259

AIA 35 U.S.C. 102(a)(1) uses the same “on sale” term as pre-AIA 35 U.S.C. 102(b). The “or otherwise available to the public” residual clause of AIA 35 U.S.C. 102(a)(1), however, indicates that AIA 35 U.S.C. 102(a)(1) does not cover secret sales or offers for sale. For example, an activity (such as a sale, offer for sale, or other commercial activity) is secret (non-public) if it is among individuals having an obligation of confidentiality to the inventor.

See, MPEP §2152.02(d) See generally, Brief for The United States as Amicus Curiae in Support of Appellees, Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc.

Conclusion

Helsinn ***** Jon Bachand Ari Feinstein

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