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Expert Analysis

The On-Sale Bar And USPTO Practices After Helsinn

By Pranay Pattani and Thomas Kelton (May 30, 2017, 4:19 PM EDT) -- In the recently decided case of Helsinn Healthcare SA v. Teva Pharmaceuticals USA Inc., the Federal Circuit tackled the issue of when on-sale bars can apply under the America Invents Act. No. 2016-1284 (Fed. Cir. May 1, 2017). Although the decision addresses situations involving public sales of inventions, questions about situations involving private or secret sales remain open....

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