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US Supreme Court likely to limit on-sale bar to public prior art

Ellie Mertens, New York

Based on the Supreme Court’s line of questioning during Helsinn v Teva’s arguments, it appears the court may part from the Federal Circuit and support a new interpretation of “on-sale”

Helsinn v Teva made it to Supreme Court arguments on December 4. The justices repeatedly praised both sides’ briefs as “excellent,” but appeared to find Helsinn’s arguments – supported by the United States and a majority (11) of other amici...

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