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22 January 2019Patents

US Supreme Court says confidential sales can invoke on-sale bar

Companies that sell their inventions to third parties under confidential agreements may still end up invalidating their own patents based on the “on-sale” provision, the US Supreme Court said today.

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4 December 2018   The US Supreme Court will today hear a patent dispute between Helsinn Healthcare and Teva Pharmaceuticals, with lawyers telling WIPR that the probable reversal in the case will have a wide-ranging impact.
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23 January 2019   A decision by the US Supreme Court yesterday will mean no change to the long-standing rules that apply to the “on-sale” bar, but may reduce the incentive for inventors to carry out confidential sales of their inventions, lawyers have told WIPR.