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The Supreme Court Ruling in Helsinn v Teva: Impact on Prior Art and Patent Eligibility for University Innovations


By Jesse Schwartz
Published: March 13th, 2019

In the closely-watched Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. case, which directly affects the scope of §102 prior art under the America Invents Act, the Supreme Court’s controversial decision effectively endorses a “catch-all” category of prior art.

At issue was whether a sale of an invention continues to qualify as prior art under revised AIA rules, even when the details of what was covered by that sale were not made public. In a unanimous decision, the Court held that such sales qualify as prior art under the AIA. The Court also left open what the phrase “otherwise available to the public” is intended to cover, but ruled that it did not alter the meaning of prior art established pre-AIA.

The ruling’s impact on patent eligibility is expected to be a major factor in future court cases and PTAB reviews. That’s why Technology Transfer Tactics’ Distance Learning Division is teaming up with patent law experts Charles R. Macedo and Brian J. Amos, PhD, of the law firm Amster, Rothstein and Ebenstein, to discuss on-sale and public use bars, prior art rulings under both AIA and pre-AIA law, and how you can minimize risk of patent infringement and invalidity claims. Join them for this critical webinar on March 26: The Supreme Court Ruling in Helsinn v Teva: Impact on Prior Art and Patent Eligibility for University Innovations.

For complete program details and to register, CLICK HERE.

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Posted under: Distance Learning, Tech Transfer e-News

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