Helsinn En Banc Status
Patent – Patently-O 2017-09-24
Summary:
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2017) An invention that is “on sale” prior to the associated patent’s critical filing date is not patentable. 35 U.S.C. 102. Although the AIA used the same “on sale” wordage as pre-AIA 102(b), many believe that it should interpreted differently. The particular question is whether private and non-public […]