January 22, 2019

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.

Of course it’s a patent law case that gets all nine justices to agree. In a 9-0 decision, the Supreme Court of the United States affirmed the Federal Circuit in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.

The SCOTUS kept the law as-is regarging “secret sales.”

• AIA didn’t alter the meaning of “on sale”
• The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the [on sale bar].

Take home message:

A Confidentiality or Non-Disclosure Agreement (CDA/NDA) during a sale of your product won’t protect the sale from possibly being used against you as prior art.