Posted on 27 August 2018
Last week, the IPO filed an amicus brief at the U.S. Supreme Court in Helsinn Healthcare S.A., v. Teva Pharms. USA, Inc. IPO’s brief takes the position that (1) proper application of the post-AIA on-sale bar is critically important to all industries and fields of technology, (2) the post-AIA on-sale bar provision should be interpreted to exclude secret sales, (3) excluding secret sales is consistent with Congress’ intent for the AIA to harmonize U.S. patent laws with other countries and (4) the Federal Circuit decision is inconsistent with other interpretations of the on-sale bar. The brief was drafted by Robert Isackson, Matthew Kaufman, and Lauren Sabol. See https://www.ipo.org/wp-content/uploads/2018/08/IPO-Amicus-Brief-in-Helsinn-Cert.-Granted_FILED.pdf.