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

By Ryan Davis (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....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!