SCOTUS Watch: On-Sale Bar Still Valid Under AIA

102 AIA on-sale bar patent pre-AIA scotus watch

On January 22, 2019, the United States Supreme Court handed down a highly anticipated ruling that has caused measurable discrepancies amongst the patent community after the America Invents Act (AIA) was enacted.  That ruling, Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc.,[1] held that the on-sale bar applies to confidential sales more than one year …

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SCOTUS Watch: Challenge to Secret AIA On-Sale Bar as Helsinn Granted Certiorari

102 AIA fed circuit watch on-sale bar patent pre-AIA scotus watch

On June 25, 2018, the United States Supreme Court granted the petition for writ of certiorari requested by Helsinn Healthcare S.A.  In the appellate case which had been winding its way through the federal courts, Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.,[1] the Court of Appeals for the Federal Circuit ruled against Helsinn in …

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Fed Circuit Watch: Distribution Agreement Is Offer for Sale for On-Sale Bar Analysis

102 fed circuit watch on-sale bar patent

  On February 6, 2018, an interesting ruling was handed down by the Court of Appeals for the Federal Circuit.  In The Medicines Co. v. Hospira, Inc.,[1] the Fed Circuit held that a distribution agreement could constitute an on-sale bar for purposes of §102 invalidation.  This appeal is a further remand of an earlier en …

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Fed Circuit Watch: Helsinn Redux: En Banc Denied

102 AIA fed circuit watch on-sale bar patent

On January 16, 2018, in a non-precedential per curiam order (the order was not published, but was made available from our colleagues at the Patently-O blog), the United States Court of Appeals for the Federal Circuit issued an order denying Helsinn’s petition for rehearing and en banc rehearing. Judge O’Malley, a member of the original …

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Fed Circuit Watch: Helsinn and the On-Sale Bar

102 AIA on-sale bar patent pre-AIA

By Brent T. Yonehara On May 1, 2017, the Federal Circuit Court of Appeals decided Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 2016-1284, 2016-1787 (Fed. Cir. 2017), holding that the on-sale bar of pre-AIA 35 U.S.C. § 102(b) invalidated four patents held by Helsinn, for treatment of chemotherapy-induced nausea and vomiting (CINV). The patents …

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