High Court To Hear Patent Case Over On-Sale Bar

Law360 (June 25, 2018, 10:30 AM EDT) -- The U.S. Supreme Court on Monday agreed to review a Federal Circuit decision that invalidated a Helsinn Healthcare SA nausea drug patent and to interpret changes made in the America Invents Act to the on-sale bar rule.

The high court granted a petition for certiorari that Helsinn filed in February, after the Federal Circuit invalidated a patent Helsinn had accused Teva Pharmaceuticals USA Inc. of infringing with its planned generic version of Aloxi.

The on-sale bar holds that sales of an invention more than a year before the patent filing are prior art that can be used to invalidate a patent....

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