The US Supreme Court is tackling a question that could have a major impact on biopharma patent owners: Does the sale of a secret invention to a third party trigger the on-sale bar to patenting under the America Invents Act?
In its June 25 orders, the Supreme Court granted Helsinn Healthcare SA's (Helsinn Group) petition for certiorari, Helsinn v. Teva Pharmaceuticals USA Inc., which challenges the US Court of Appeals for the Federal Circuit's reading of the America Invents Act (AIA)