A Firsthand Account Of The Helsinn V. Teva Arguments

By Michael Pomianek and Michelle Nyein (December 7, 2018, 12:22 PM EST) -- On Dec. 4, 2018, the U.S. Supreme Court heard oral arguments in Helsinn Healthcare v. Teva Pharmaceuticals. The question before the court was whether the America Invents Act of 2011 altered the "on-sale bar" such that sales and offers for sale that do not make the claimed invention "available to the public" no longer qualify as invalidating prior art. The oral arguments, which the authors of this article attended, were spirited and filled with laughter-inducing but challenging hypotheticals.

But while the oral arguments highlighted the stark differences between and exposed key weaknesses in each party's position, they did not provide much...

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