Helsinn Redo Request Is Important Opportunity For Fed. Circ.

Law360, New York (August 22, 2017, 1:15 PM EDT) -- It has been almost six years since Congress passed the Leahy-Smith America Invents Act, in which Congress amended 35 U.S.C. § 102 to read in part:

[a] person shall be entitled to a patent unless the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.[1]

After the passage of the AIA, there was much speculation regarding how the phrase "or otherwise available to the public" would affect the traditional § 102 prior art categories of "patented," "printed publication," "public use"...

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