Justices Urged To Reverse 'Indefensible' On-Sale Bar Ruling

Law360 (March 1, 2018, 7:45 PM EST) -- Helsinn urged the U.S. Supreme Court Wednesday to reverse a Federal Circuit decision finding that sales in which an invention isn't publicly disclosed invalidate patents under the America Invents Act's on-sale bar rule, saying the "indefensible" ruling puts "countless" patents at risk.

In a petition for a writ of certiorari, Helsinn Healthcare SA argued that Congress included language in the AIA that means only sales that make an invention public trigger the on-sale bar, which holds that sales of an invention more than a year before the patent is filed are prior art that can be used to invalidate a patent....

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