Justices Ask Tough Questions In AIA On-Sale Bar Case

Law360 (December 4, 2018, 8:48 PM EST) -- U.S. Supreme Court justices on Tuesday wrestled with the idea that the America Invents Act may have narrowed the on-sale bar in patent cases, while leaving open the door for a possible exception to the bar for activities that aren’t commercial sales.

The justices peppered both sides with questions in a case that concerns a patent on Helsinn Healthcare SA’s nausea drug Aloxi. The patent, which Helsinn accused Teva Pharmaceuticals USA Inc. of infringing with a planned generic, was invalidated last year by the Federal Circuit.

The on-sale bar holds that sales of an invention that occur more than a year...

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