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Federal Circuit issues important Helsinn on-sale bar ruling

Michael Loney, New York

In Helsinn v Teva, the Federal Circuit has ruled the America Invents Act did not change the meaning of “on sale” and the bar applies if the existence of the sale is public, even if the details of the invention are not publicly disclosed

The Federal Circuit has issued its long-awaited Helsinn Healthcare v Teva Pharmaceuticals decision, ruling that "the AIA did not change the statutory meaning of 'on sale’ in the circumstances involved here". The appeals court said that, "after the AIA, if...

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