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SCOTUS Confirms that Secret Sales Continue to Qualify as Prior Art Under the AIA
On Jan. 22, 2019, the U.S. Supreme Court issued a unanimous opinion, authored by Justice Thomas, in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., 586 U.S. __ (2019) (http://bit.ly/2Eixoxq), holding that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under 35 U.S.C. §102(a).
In early 2000, Helsinn Healthcare S. A. (Helsinn), a Swiss pharmaceutical company, submitted protocols to the Food and Drug Administration (FDA) for clinical trials of 0.25mg and 0.75 mg doses of palonosetron a drug for treating chemotherapy-induced nausea. Subsequently, Helsinn entered into a license agreement, and a supply and purchase agreement for palonosetron with MGI Pharma, Inc. (MGI).
The license agreement granted MGI the right to distribute, promote, market, and sell 0.25 mg and 0.75 mg doses of palonosetron in the United States in return for certain one-time and recurring payments to Helsinn. Under the supply and purchase agreement, MGI agreed to purchase these palonosetron products exclusively from Helsinn. Both agreements required MGI to keep confidential any proprietary information, including dosage information, received under the agreements.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.