Since the enactment of the America Invents Act (AIA), the status and the scope of the on-sale bar under 35 U.S.C. § 102 has been unsettled. The Federal Circuit’s recent decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. provides some clarification, holding that the public sale of an invention triggers the on-sale bar under post-AIA § 102, even if the details of the invention were not publicly disclosed.
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