Day: June 19, 2019

Supreme Court Follows “On Sale” Bar Precedent in America Invents Act Decision

Earlier this year, the Supreme Court addressed the “on-sale” provision of the AIA, 35 U.S.C. Sec 102(a), in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. In this case, the patent owner, Helsinn, entered into a license agreement and a supply and purchase agreement with a third party. These agreements gave the third party the right to distribute, promote, market and sell the drug in question. In return, Helsinn received upfront and future royalty payments. The