What High Court Will Consider in Helsinn On-Sale Bar Case

What High Court Will Consider in Helsinn On-Sale Bar Case

Publication

An article by Partner David Bassett and Special Counsel Christine Duh published by Law360 on November 30, 2018.

Excerpt: The US Supreme Court may soon resolve an issue that has sparked much debate since the enactment of the Leahy-Smith America Invents Act—namely, whether under the 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 patentability. On Dec. 4, 2018, the Supreme Court is set to hear oral arguments in Helsinn Healthcare SA v. Teva Pharmaceuticals USA Inc. on that very issue. Read the full article.

Authors

Notice

We appreciate your interest in WilmerHale. While we are pleased to have you contact us, please keep in mind that merely contacting WilmerHale does not create an attorney-client relationship. Such a relationship will not arise until the Firm agrees in writing to represent you in connection with a particular matter. Importantly, unless and until this has occurred, you should not provide us with any confidential information, and we have no duty to keep confidential any information that we may receive from you. Thank you for your understanding.