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Intellectual Property Litigation Patent Litigation

Supreme Court to Review Post-AIA On-Sale Bar

The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

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On June 25, 2018, the U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare S.A. (Helsinn): whether, under the Leahy-Smith America Invents Act (AIA) an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

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