Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229, amicus brief on the merits supporting neither party, filed 9/4/2018.
The Federal Circuit erred in construing the on-sale provisions of 35 USC 102 by failing to recognize that a sale creates a prior art disclosure only if the sale makes the claimed invention “publicly available,” AIPLA argued in a September 4, 2018 amicus brief to the Supreme Court.
When Congress enacted the AIA, it replaced the prompt filing inducement of patent forfeiture with the prompt filing inducement of a first-inventor-to-file system, but retained the policy of deterring actions (such as sale or public use) by prescribing circumstances when such actions become prior art against the claimed invention.
This feature of the legislation advanced the AIA objectives of bringing U.S. law closer to patent systems around the world and of making the U.S. patent system simpler, more objective, and more transparent than a first-to-invent system.
When Congress enacted the AIA, it replaced the prompt filing inducement of patent forfeiture with the prompt filing inducement of a first-inventor-to-file system, but retained the policy of deterring actions (such as sale or public use) by prescribing circumstances when such actions become prior art against the claimed invention.
This feature of the legislation advanced the AIA objectives of bringing U.S. law closer to patent systems around the world and of making the U.S. patent system simpler, more objective, and more transparent than a first-to-invent system.
Upcoming Events
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2026 AIPLA Virtual Corporate Practice Institute
January 13 to 20, 2026 | Up to 360 Minutes of CLE
The Corporate Practice Institute is not a bootcamp. This program provides in-depth insight for in-house corporate counsel and agents to learn about wide ranging legal issues affecting their practice from experienced practitioners. It is designed for experienced in-house attorneys and new in-house attorneys learning to manage new corporate environments and challenges not taught in law schools or private practice. The Institute also helps private practice attorneys, especially associates, prepare for potential in-house career moves. The program also provides valuable networking opportunities to connect with each other and learn from each other's experiences. This online, CLE-program spans two half-days, from Noon – 5:00 pm Eastern and includes 3 one-hour education sessions and a networking session each day. -
2026 IP Transactions Bootcamp
February 12, 2026
This in-person-only bootcamp is designed to provide practical insights and strategies for professionals working in intellectual property transactions. The day features a comprehensive agenda including: Panels and CLE Sessions: Learn about Working with Tech Transfer Offices, Strategies for successful collaborations between nonprofits and industry, and Protecting and monetizing an AI asset. Drafting and Negotiating Tips: Get practical advice on drafting and negotiating strategic collaboration and license agreements. Hands-on Workshop: Participate in a Mock licensing negotiation to put your skills to the test. Networking: Conclude the day with a dedicated Networking reception. Registration Coming Soon! -
2026 Trade Secret Summit
March 26 to 27, 2026
The AIPLA Trade Secret Summit is the leading trade secret conference in the nation, with speakers from across the spectrum of private practitioners, in-house counsel, government, and academia, as well as fantastic networking opportunities. CLE credits will be available. -
2026 Spring Meeting - San Francisco, CA
May 13 to 15, 2026
We’re excited to welcome you to the 2026 AIPLA Spring Meeting, where innovation, technology, and intellectual property come together to shape the future. San Francisco is ready for your ideas, energy, and passion for IP! -
AIPLA 2026 Annual Meeting
October 29 to 31, 2026
Join us as we bring IP professionals together to learn and connect. More information coming soon! The 2026 Annual meeting will take place at the Westin Washington, DC, Downtown. Leadership Meetings on Wednesday, October 28. Programming scheduled October 29 - 31.