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US Supreme Court backs the Federal Circuit’s pre-AIA on-sale bar interpretation

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

US Surpreme Court JoaoThe 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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