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Expert Analysis

On-Sale Bar Questions Leading Up To Helsinn At High Court

By Michael Bunis, Sophie Wang and Margaret Burnside (August 8, 2018, 12:51 PM EDT) -- On June 25, 2018, the U.S. Supreme Court granted certiorari of the Federal Circuit's decision in Helsinn Healthcare SA v. Teva Pharmaceuticals USA Inc., in which the Federal Circuit held that the on-sale bar provision of the Leahy-Smith America Invents Act is triggered even "if the existence of the sale is public, the details of the invention need not be publicly disclosed in the terms of the sale." The Federal Circuit's decision has left the industry questioning what sales actually qualify as invalidating prior art under the AIA....

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