Helsinn Tells Justices Teva 'Badly Misconstrues' On-Sale Bar

Law360 (November 8, 2018, 9:20 PM EST) -- Helsinn on Thursday filed its final brief ahead of oral arguments next month in a U.S. Supreme Court case over the on-sale bar in patent cases, arguing that Teva’s interpretation “badly misconstrues” the America Invents Act.

Helsinn Healthcare SA urged the high court to reverse a ruling that invalidated a patent covering the anti-nausea drug Aloxi, arguing that like Teva Pharmaceuticals USA Inc., the Federal Circuit erred by failing to recognize that the sale of an invention only qualifies as prior art if the transaction makes its claims available to the public, according to Thursday’s brief.

“It is not easy to...

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Supreme Court

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

March 2, 2018

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