US Supreme Court backs the Federal Circuit’s pre-AIA on-sale bar interpretation
23 January 2019
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Ellie Mertens, New York
The Helsinn v Teva decision confirms the on-sale bar applies to secret sales despite changed language in the AIA. This will particularly affect smaller companies that outsource manufacturing
The Supreme Court’s unanimous Helsinn v Teva decision, delivered by Justice Thomas on January 22, leaned on pre-America Invents Act (AIA) precedent to affirm the Federal Circuit’s stance on what activates the on-sale bar.
It clarified that...
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