Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Fed. Cir., Nos. 16-1284, 7/14/2017
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.
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2025 Women in IP Law Global Networking Event
April 3, 2025
The annual Global Networking Event connects intellectual property practitioners from around the world for a day of networking, education, and creating meaningful connections. This year’s theme, Innovation and Collaboration, is an opportunity for the AIPLA Women in IP Law Committee to come together and discuss how women drive innovation and foster collaboration in their workplace. -
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April 30, 2025 4:00 PM to 7:00 PM
Join AIPLA and partner organizations on April 30 in Washington, DC, for a special three-hour program to celebrate World Intellectual Property Day 2025. This annual international event is an opportunity to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. The theme of this year’s celebration is “IP and Music: Feel the Beat of IP.”