High Court Says AIA Did Not Change Meaning Of On-Sale Bar

Law360 (January 22, 2019, 10:28 AM EST) -- The U.S. Supreme Court on Tuesday held the America Invents Act did not narrow the scope of the on-sale bar in patent cases, leaving unchanged a long-standing rule that confidential sales of an invention can be used to invalidate a patent.

The justices, in a unanimous opinion, affirmed a Federal Circuit ruling that invalidated a Helsinn Healthcare SA patent on the nausea drug Aloxi, which Helsinn had accused Teva Pharmaceuticals USA Inc. of infringing with a planned generic version.

The on-sale bar holds that sales of an invention that occur more than a year before a patent application is filed are...

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