Federal Circuit Clarifies Post-America Invents Act...

Federal Circuit Clarifies Post-America Invents Act...


On May 1st, the Federal Circuit ruled that the America Invents Act did not change the statutory meaning of "on sale" where the existence of a sale was publicly announced prior to patenting, even if the sale did not publicly disclose the invention. The lawsuit involved a claim by Helsinn Healthcare S.A. against Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd. alleging that the filing of an Abbreviated New Drug Application related to an intravenous formulation for reducing the likelihood of chemotherapy-induced nausea and vomiting infringed four of Helsinn's patents related to the same.



from Biotech News