Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Fed. Cir., Nos. 16-1284, 7/14/2017
All documents are in PDF format.
A Federal Circuit panel misconstrued the statutory language and legislative history of 35 U.S.C. 102(a)(1), as amended by the America Invents Act (AIA), when it invalidated a patent based on a press release and SEC filing about a sales agreement by the patent owner, according to an AIPLA amicus brief urging en banc review of the case.
The brief explains that the panel failed to recognize that the AIA abandoned the so called "on-sale bar" for sales more than a year before the filing date, instead establishing the prior art effect for sales available to the public before the application's "effective filing date," defined in 35 U.S.C. 100(i). The panel opinion conflicts with the premises of transparency and predictability that underlie the changes enacted by the AIA, according to the brief.
Legal Secretaries & Administrators Conference
December 16 to 17, 2019This two-day conference, which has been a cooperative effort with AIPLA and the United States Patent & Trademark Office, for 40 years, is an ongoing outreach program that debuted in 1979. It is the premiere source of help and information for hundreds of office administrators, paralegals, and legal secretaries.
AIPLA 2020 Mid-Winter Institute
January 29 to February 1, 2020Join a diverse, global community of law firms, companies, and institutions involved in the practice of patent, trademark, copyright, trade secret, and other unfair competition laws at AIPLA's Mid-Winter Institute at the Sheraton Grand at Wild Horse Pass in Phoenix, AZ.
2020 Patent Prosecution Boot Camp - Seattle, WA
February 26 to 28, 2020The Patent Prosecution Boot Camp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on US and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions.