The Knowledge Group Has Scheduled a Live Webcast on Helsinn v. Teva: On-Sale Bar Under America Invents Act Clarified
The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, announced today that it has scheduled a live webcast entitled: Helsinn v. Teva: On-Sale Bar Under America Invents Act Clarified LIVE Webcast.
- New York, NY (1888PressRelease) November 11, 2017 - This event is scheduled on December 20, 2017 at 12:00 PM - 1:00 PM ET.
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
Speakers/Faculty Panel
Nathan Louwagie
Attorney
Carlson Caspers
Laura Krawczyk
Attorney
Haug Partners LLP
For an updated list of the faculty panel, please visit:
https://www.theknowledgegroup.org/webcasts/legal/intellectual-property-law/helsinn-v-teva-on-sale-bar-under-america-invents-act-clarified
About The Knowledge Group/The Knowledge Congress Live Webcast Series
The Knowledge Group brings together the world's leading authorities and industry participants through informative two-hour webcasts that study the impact of changing regulations and help businesses succeed through proper regulatory compliance.
Visit http://theknowledgegroup.org/ for further information and inquiry.
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