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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
Our IP & Technology Litigation Attorneys:
Helsinn Healthcare v. Teva Pharmaceuticals USA: Textualism Runs Aground
Posted on: January 22, 2019
By Andrew F. Halaby Affirming the Federal Circuit, the Supreme Court on January 22 held that post-AIA section 102(a)(1)’s provision, A person shall be entitled to a patent unless . . . the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention, (emphasis added), does not require that the invention “on sale” be “available to the public.” To be sure, the “on sale” bar historically has not required public availability, at least according to the Federal Circuit. (As the Read More »
Posted in IP and Technology Litigation, Patent Litigation
| Tagged "On Sale" Bar, AIA, Federal Circuit, patent, Supreme Court
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