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Expert Analysis

A Chance For High Court To Clarify On-Sale Bar

By Kevin McGann and Catherine McCord ( December 3, 2018, 5:15 PM EST) -- This term, the U.S. Supreme Court will consider for the first time the scope of the "on-sale" bar under the America Invents Act, specifically with respect to nonpublic — or secret — sales of an invention. Helsinn Healthcare SA v. Teva Pharmaceuticals USA Inc. raises the question of whether a sale that imposes confidentiality restrictions on the purchaser, and does not make the details of the invention available to the public, constitutes an invalidating prior sale under the AIA, as it would have been under the pre-AIA framework....

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