U.S. Supreme Court,
Civil Litigation,
Intellectual Property
Feb. 4, 2019
Justices agree that secret sales bar patent protection
In a recent decision, the U.S. Supreme Court unanimously confirmed that the America Invents Act did not change the meaning of the phrase “on sale” as recited in 35 U.S.C. Section 102 and that the on-sale bar of that section still generally applies to private (i.e., “secret”) sales that do not disclose details of an invention.
Jennifer Hayes
Partner
Nixon Peabody LLP
300 S Grand Ave #4100
Los Angeles , CA 90071
Email: jenhayes@nixonpeabody.com
Jennifer is a partner in the firm's Los Angeles office. She focuses her practice on patent litigation, including inter partes review and other post-grant review proceedings. Additionally, she has experience with cases involving trade secrets and copyrights.
Ben Rosborough
Associate
Nixon Peabody LLP
Email: brosborough@nixonpeabody.com
Ben is a Chicago-based associate, where he represents clients in intellectual property transactions and counseling matters.
OT18
In Helsinn Healthcare S.A. v. Teva Pharmaceuticals U.S., 2019 DJDAR 565 (Jan. 22, 2019), the U.S. Supreme Court unanimously confirmed that the America Invents Act did not change the meaning of the phrase "on sale" as recited in 35 U.S.C. Section 102 and that the on-sale bar of tha...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In