LEASON ELLIS HELPS WRITE SUPREME COURT AMICUS BRIEF

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Posted on 9 April 2018

Robert Isackson, Matthew Kaufman and Lauren Sabol co-authored an amicus brief, filed on behalf of the Intellectual Property Owners Association in Healthcare SA v. Teva Pharmaceuticals USA Inc., case number 17-1229, urging the United States Supreme Court to decide whether Congress, in enacting the America Invents Act, changed the patent law defense known as the “on sale” bar. The specific question concerns whether sales in which an invention isn’t publicly disclosed can invalidate patents. IPO’s brief was recognized and discussed in Law 360, which noted how the Federal Circuit’s decision is inconsistent with U.S. Patent and Trademark Office guidelines, and how stakeholders need the question settled.