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US Supreme Court likely to craft a bright-line on-sale bar rule

Ellie Mertens, New York


The court in Helsinn v Teva will rule on the issue of whether the confidential sale or license of a not-yet-patented technology or process qualifies as prior art under the AIA

US SupremeCourt 3 Credit Joao Fernandes

The Supreme Court granted Helsinn v Teva certiorari on June 25, and is expected to provide a much-needed interpretation of the on-sale bar described in the 2011 America Invents Act (AIA).

Christopher Loh, partner at Fitzpatrick, comments: “As statutory interpretation...


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