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Supreme Court to Review Post-AIA On-Sale Bar
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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