January 26, 2018
The U.S. Supreme Court on Thursday shot down Helsinn Healthcare's bid to hit pause on a Federal Circuit decision invalidating four Helsinn patents related to an anti-nausea drug under the America Invents Act's on-sale bar, refusing to hold up the ruling while the pharmaceutical company pursues a high court review of the case.
January 19, 2018
The Federal Circuit has given Teva Pharmaceuticals until Monday to reply to Helsinn Healthcare's last-ditch bid to keep Teva from launching a generic version of Helsinn's Aloxi anti-nausea drug while it seeks to take its patent case to the U.S. Supreme Court.
January 16, 2018
The Federal Circuit on Tuesday said it won't reconsider invalidating four Helsinn Healthcare SA nausea drug patents in a ruling over the scope of the America Invents Act's on-sale bar, but clarified that its decision isn't as extreme as the intellectual property world feared.
July 19, 2017
Many major intellectual property groups urged the full Federal Circuit on Wednesday to review a decision that sales in which an invention isn't publicly disclosed invalidate patents under the America Invents Act's on-sale bar rule, with one saying the ruling threatens to "destabilize the entire U.S. patent system."
July 11, 2017
U.S. Rep. Lamar Smith, R-Texas, urged the full Federal Circuit on Tuesday to review a panel decision that the America Invents Act's on-sale bar rule renders patents invalid if the invention was sold prior to patenting even if the sale did not publicly disclose the invention, saying it's not what Congress intended.
July 05, 2017
Helsinn Healthcare SA has requested that the Federal Circuit rehear en banc a case over the scope of the America Invents Act's on-sale bar, arguing that an earlier ruling "subverts" the AIA's "carefully constructed statutory scheme."
May 03, 2017
The Federal Circuit has declined to issue a broad ruling on whether the America Invents Act altered the on-sale bar rule, which specifies that sales made before a patent application is filed can render the patent invalid, yet its holding that sales that don't publicly disclose an invention can invalidate a patent suggests the rule may not have lost its teeth, attorneys say.
May 01, 2017
The Federal Circuit ruled Monday that the America Invents Act's on-sale bar provision renders patents invalid if the invention was sold prior to patenting even if the sale did not publicly disclose the invention, reversing a lower court and invalidating four Helsinn Healthcare SA nausea drug patents.
October 04, 2016
In passing the America Invents Act, Congress clearly intended that only public sales trigger the on-sale bar that invalidates patents, the U.S. Patent and Trademark Office told a Federal Circuit panel Tuesday, backing patent holder Helsinn Healthcare SA in a dispute that pits the 2011 measure against decades of patent law precedent.
September 30, 2016
The Federal Circuit could decide in a case set for arguments Tuesday that the America Invents Act's on-sale bar provision covers only sales to the public, a holding that would protect many patents from being invalidated and mark a shift from decades of precedent, attorneys say.