Supreme Court Unanimously Upholds Federal Circuit On-Sale Bar Ruling

Mealey's (January 22, 2019, 11:07 AM EST) -- WASHINGTON, D.C. — In an opinion written by Justice Clarence Thomas, a unanimous Supreme Court  on Jan. 22 ruled that the Federal Circuit U.S. Court of Appeals did not err in finding that a commercial sale to a third party who was bound by a confidentiality agreement still placed an invention “on sale” under Section 102 of the Leahy-Smith America Invents Act (AIA) (Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., et al., No. 17-1229, U.S. Sup.)....