Tech Transfer Central
University-Industry Engagement Advisor

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

Format: On-Demand Video, DVD, or PDF Transcript
Originally presented: March 26, 2019

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In the closely-watched Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., which directly affects the scope of §102 prior art under the America Invents Act (“AIA”), 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, 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.

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

They will discuss:

  • What happened in Helsinn v. Teva, and what does it mean for on-sale bars
  • What impact will Helsinn have on other types of “secret” prior art
  • Best practices Technology Transfer Offices should consider to avoid adverse consequences of Helsinn
  • What events to docket when entering into pre-patent application agreements
  • And more

Meet Your Program Leaders:

Charles R. Macedo advises and litigates in all areas of intellectual property law, including patent, trademark and copyright law, with a special emphasis in complex litigation. He also assists clients in obtaining, maintaining and enforcing patent and trademark portfolios. Mr. Macedo is the author of The Corporate Insider’s Guide to U.S. Patent Practice, and received the prestigious AIPLA Robert C. Watson Award for his analysis of the First to File System vs. First to Invent System.

Brian J. Amos, PhD is a former research neuroscientist who represents academic and research institutions in the preparation and prosecution of patent applications worldwide, predominantly in the fields of biotechnology, medical therapeutics and pharmaceuticals. He works closely with scientists and Technology Transfer Offices to identify and inventory new patentable technologies; protect discoveries through patents; and commercialize intellectual property through licensing and development arrangements with other business entities. He is admitted to the New York State Bar and is registered to practice before the U.S. Patent and Trademark Office.

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