Tag Archives: Supreme Court of the United States

Supreme Court Sizes Up the Genus – Enablement

The Supreme Court of the United States (SCOTUS) is set to hear arguments on Monday, March 27, 2023 for Amgen v. Sanofi.

ACS’s Chemistry and the Law (CHAL) Division weighs in

The American Chemical Society’s Chemistry and the Law (CHAL) division filed an Amicus brief supporting Amgen’s petition and reversing the Federal Circuit’s decision. Indeed, the resolute CHAL even petitioned the court to get 5 minutes to participate in arguments.

Stay Tuned!

Amgen Inc. v. Sanofi – SCOTUSblog

Amgen’s X-Ray crystallography studies of antibodies 21B12 & 31H4 bound to PCSK9

All 9 Justices Agree that Secret Sales are Still Prior Art

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.