SCOTUS Finds An Inventor’s Sale of Product to Third Party can Qualify as Prior Art 35 U.S.C. § 102(a)
By Jennifer T. Poochigian In Helsinn Healthcare v. Teva Pharmaceuticals USA, the Court affirmed a Federal Circuit decision invalidating the patent for Helsinns nausea drug Aloxi, based on patent laws Aon sale bar. In short, the Court found that the sale of an invention to a third party who is obligated to keep the invention confidential by agreement may place the…

