Federal Circuit Clarifies Post-AIA On-Sale Bar Doctrine

Alston & Bird
Contact

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.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Alston & Bird | Attorney Advertising

Written by:

Alston & Bird
Contact
more
less

Alston & Bird on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide