Partner Jonathan Bachand and Associate Ari Feinstein co-authored, “Supreme Court to Review Post-AIA-On-Sale Bar,” which was published in August 2018 in the Intellectual Property Strategist newsletter.
Excerpt: On June 25, 2018, the U.S. Supreme Court agreed to consider a question raised by Helsinn-Healthcare S.A. (Helsin): whether, under the Leahy-Smith America Invents Act (AIA) an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.
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