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IP Alert UPDATE: Supreme Court to Consider AIA "On Sale" Bar

June 26, 2018

UPDATE: On June 25, the U.S. Supreme Court granted a writ of certiorari in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. The Court will consider the following question:

“Whether, under the Leahy-Smith America Invents Act, 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 the patentability of the invention.”

Our alert summarizing the Federal Circuit’s May 2017 ruling in this case can be found here.

Fitch Even attorneys will report once the Court has issued its opinion.

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