• Federal Circuit Avoids “Foundational Change in the Theory of the Statutory On-Sale Bar"
  • August 16, 2017 | Author: Surendra K. Ravula
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • May 4, 2017 — On May 1, 2017, the U.S. Court of Appeals for the Federal Circuit reached its ruling in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., No. 16-1284. As we wrote back in October 2016, this case is important because it could affect how selling a product or offering to sell a product can count as invalidating prior art against a patent under 35 U.S.C. § 102 of the America Invents Act (AIA).