On-Sale Bar Debated In Oral Arguments Before Supreme Court

Mealey's (December 4, 2018, 3:26 PM EST) -- WASHINGTON, D.C. — Counsel for the owner of a patented drug for reducing nausea in cancer patients undergoing chemotherapy told the U.S. Supreme Court on Dec. 4 that its private licensing agreement with a distributor did not constitute a sale for purposes of triggering the on-sale bar under the Leahy-Smith America Invents Act (AIA) (Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., et al., No. 17-1229, U.S. Sup.)....