Drug Firm To High Court: Confidential Patent Agreement Didn’t Affect On-Sale Date

Mealey's (August 27, 2018, 4:03 PM EDT) -- WASHINGTON, D.C. — The existence of confidential licensing and purchase agreements with an investor did not result its pharmaceutical invention being “otherwise available to the public,” per the Leahy-Smith America Invents Act (AIA), a patentee argues in its Aug. 23 petitioner merits brief to the U.S. Supreme Court, asserting that the Federal Circuit U.S. Court of Appeals incorrectly deemed its patents invalid due to a misinterpretation of the statute’s on-sale date criteria (Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., et al., No. 17-1229, U.S. Sup.)....