Pharma, Pharmaceutical patent, Prior use right, Public prior use, United States of America, Validity

, (Kramer Levin)/

As a follow-up to our previous post “The Federal Circuit Has Its Final Say On the “On-Sale” Bar Under the AIA,” the Supreme Court has granted certiorari in the Helsinn v. Teva case, which concerns whether the America Invents Act (“AIA”) changed the longstanding “on-sale bar” rule.  This means that at least four of the nine…

Litigation, Pharma, Pharmaceutical patent, United States of America

, (Kramer Levin)/ /21 Comments

Over the last few decades, the United States has been incrementally harmonizing its patent law with the rest of the world.  Those efforts continued with the signing of the America Invents Act (“AIA”) in 2011.  For example, the AIA created a first inventor-to-file patent system, while all but eliminating the best mode requirement. One area…