Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

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

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.