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Practical Impact of SCOTUS’s decision in Helsinn v. Teva on Secret Sales
Intellectual Property Law Section, Patent Interest Group
In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the U.S. Supreme Court affirmed the Federal Circuit’s interpretation of the “on sale bar” — holding that “Congress did not alter the meaning of ‘on sale’ when it enacted the AIA.” In so doing, the Supreme Court answered affirmatively that a secret sale of an invention, or a sale of a technology under terms that require the invention to remain confidential, is barred under 35 U.S.C. § 102(a)(1), thereby preventing the invention from being patented. In this webinar, our panelists will weigh in on the impact of this decision and offer practical pointers to stakeholders and practitioners when dealing with secret, on-sale offers, activities, or commercialization.
0.75 Participatory MCLE Credits
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