Laura Krawczyk, Attorney, Haug Partners LLP, to Speak at TKG's Helsinn v. Teva: On-Sale Bar Under America Invents Act Clarified LIVE Webcast
The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, has announced today that Laura Krawczyk, Attorney, Haug Partners LLP will speak at The Knowledge Group’s webcast entitled: “Helsinn v. Teva: On-Sale Bar Under America Invents Act Clarified”.
- New York, NY (1888PressRelease) November 07, 2017 - This event is scheduled for December 20, 2017 @ 12:00 pm – 1:00 pm ET.
For further details, please visit:
https://www.theknowledgegroup.org/webcasts/legal/intellectual-property-law/helsinn-v-teva-on-sale-bar-under-america-invents-act-clarified
About Laura Krawczyk
With an expertise in patent litigation, Laura Krawczyk has worked on a variety of cases involving pharmaceutical, consumer product, and electronics clients, giving her a broad range of experience across industries and in an array of technologies. She has extensive experience in all aspects of litigation including discovery, motion practice (comprising case dispositive and post-trial motions), trial and appeal, and draws on her technical background to advise clients through the litigation process.
Ms. Krawczyk has participated in numerous district court trials and appeals. She was part of a team that obtained a favorable, unanimous ruling by the Federal Circuit sitting en banc for the firm’s client, The Medicines Company, which clarified the law regarding the on-sale bar.
About Haug Partners LLP
Haug Partners is a full-service, national law firm that provides integrated multidisciplinary legal services for life science and technology companies. Our service offerings include: (i) Antitrust Litigation and Counseling; (ii) Commercial Litigation and Strategic Counseling; (iii) Due Diligence; (iv) FDA Compliance and Counseling; (v) Intellectual Property Enforcement; (vi) Intellectual Property Procurement and Strategy; (vii) International Trade Commission; (viii) Investigations, Compliance, and Risk Mitigation Services; (ix) Licensing and Transactions; and (x) Trademarks and Unfair Competition. With offices in New York, Washington, D.C., and Boston, and through relationships with firms in Germany, China, Japan, and other key international markets, Haug Partners has the resources, technical expertise, legal acumen, and business judgment to consistently deliver optimal outcomes for clients. The firm was founded in 1997 as Frommer Lawrence and Haug and adopted the Haug Partners name in March 2017.
Event Synopsis:
In an important decision, the United States Court of Appeals for the Federal Circuit has interpreted the scope of the on-sale bar under 35 U.S.C. § 102 of the America Invents Act (AIA). In Helsinn Healthcare v. Teva Pharmaceuticals, the court addressed the issue of whether the AIA changed the meaning of the on-sale bar. The court held that post-AIA, "if the existence of the sale is public, the details of the invention need not be publicly disclosed in the terms of sale."
Prior to the enactment of the AIA, 35 U.S.C. § 102 stated that a person shall be entitled to a patent unless "the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States." In other words, if the claimed invention is sold or offered for sale more than one year before a patent application is filed, the patent is invalid. This ground of invalidity is known as the "on-sale bar." However, the AIA altered the language of the patent statute, adding the provision "or otherwise available to the public" which has created confusion as to whether a sale or offer for sale must be public to qualify as invalidating.
In Helsinn v. Teva, the Federal Circuit reviewed its pre-AIA case law and noted that confidential sales were also found, in some instances, to trigger the on-sale bar. The court then concluded that the post-AIA interpretation of the on-sale bar provision does not require that the details of the invention be made public.
In a LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant issues and latest insights on the interpretation of the on-sale bar provision of the America Invents Act in light of the Federal Circuit decision in Helsinn v. Teva. The speakers will also look into how this decision affects judicial treatment of the on-sale bar and patent application practice.
Key topics include:
- On-Sale Bar Interpretation Pre- and Post-AIA
- Helsinn Healthcare v. Teva Pharmaceuticals
- The Federal Circuit Decision
- Impact on Patent Practice and Litigation
About The Knowledge Group, LLC/The Knowledge Congress Live Webcast Series
The Knowledge Congress was established with the mission to produce unbiased, objective, and educational live webinars that examine industry trends and regulatory changes from a variety of different perspectives. The goal is to deliver a unique multilevel analysis of an important issue affecting business in a highly focused format. To contact or register to an event, please visit: http://theknowledgegroup.org/
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