Pharmaceutical Firm Tells High Court Private Sale Did Not Violate On-Sale Bar

Mealey's (November 9, 2018, 4:30 PM EST) -- WASHINGTON, D.C. — A patent holder argues in a Nov. 8 merits reply brief to the U.S. Supreme Court that under the Leahy-Smith America Invents Act (AIA), its private licensing agreement with a distributor did not trigger the on-sale date associated with the patent applications for its pharmaceutical products, asking the high court to reverse an appeals court’s finding of patent invalidity (Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., et al., No. 17-1229, U.S. Sup.)....