Helsinn confirmed that the AIA did not alter the meaning of the “on-sale” bar.
In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc, the Supreme Court addressed whether a confidential sale of an invention to a third-party may operate as prior art against a patent under the “on-sale” bar in the 2011 Leahy–Smith America Invents Act (AIA). The Court answered in the affirmative, adhering to pre-AIA precedent.
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