The Supreme Court Weighs in on the On- Sale Bar and the State of Secret Prior Art

April 29, 2019 11:00am

What is it about?

On January 22, 2019, the Court released its opinion in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., (Supreme Court No. No. 17-1229). This panel will explore the current state of on-sale bar jurisprudence as they engage in a lively point-counterpoint discussion in view of the monumental decision.

  • Reviewing the Supreme Court’s opinion and it its nuances relative to how a secret sale constitutes prior art
    • Understanding the Court’s interpretation of how the AIA altered the on-sale bar
  • Assessing whether prior art patents and printed publications will continue to play a central role in patent invalidations in a post-Helsinn world in light of the Court’s decision
  • Deciding whether an inventor’s sale of an invention to a third party that is required to keep the invention confidential qualifies as prior art for the purposes of determining patentability
  • Analyzing whether the phrase “available to the public” implies a distinct restraint on issuance or if it adjusts the two prior limitations that appear before it