Search
Search | Sitemap Contact Sign Up

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

 
DOCKET NO.
17-1229
OP. BELOW
Fed. Cir.
OPINION
January 22, 2019
SUBJECT
Patent
AUTHOR
Thomas

Question(s) Presented

“Whether, under the Leahy-Smith America Invents Act, an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.”

Holding

“[A] commercial sale to a third party who is required to keep the invention confidential may place the invention ‘on sale’ under the AIA.”

Posts About this Case

Date
Proceedings and Orders
February 28, 2018
Petition for a writ of certiorari filed. (Response due April 2, 2018)
March 12, 2018
Motion to extend the time to file a response from April 2, 2018 to May 17, 2018, submitted to The Clerk.
March 13, 2018
Motion to extend the time to file a response is granted in part and the time is extended to and including May 11, 2018.
March 13, 2018
Blanket Consent filed by Petitioner, Helsinn Healthcare S.A..
March 19, 2018
Blanket Consent filed by Respondents, Teva Pharmaceuticals USA, Inc., et al..
March 27, 2018
Brief amicus curiae of Congressman Lamar Smith filed.
March 30, 2018
Brief amicus curiae of Intellectual Property Owners Association filed.
March 30, 2018
Brief amicus curiae of American Intellectual Property Law Association filed.
April 2, 2018
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
April 2, 2018
Brief amicus curiae of Boston Patent Law Association in support of neither party filed.
April 2, 2018
Brief amicus curiae of The Naples Roundtable filed.
April 2, 2018
Brief amicus curiae of The Biotechnology Innovation Organization (BIO) filed.
April 2, 2018
Brief amicus curiae of US Inventor, Inc. filed.
April 2, 2018
Brief amicus curiae of Bar Association of the District of Columbia filed.
April 2, 2018
Brief amicus curiae of The Massachusetts Biotechnology Council filed.
May 11, 2018
Brief of respondents Teva Pharmaceuticals USA, Inc., et al. in opposition filed.
May 29, 2018
DISTRIBUTED for Conference of 6/14/2018.
May 29, 2018
Reply of petitioner Helsinn Healthcare S.A. filed. (Distributed)
June 18, 2018
DISTRIBUTED for Conference of 6/21/2018.
June 25, 2018
Petition GRANTED.
July 2, 2018
Motion for an extension of time to file the briefs on the merits filed.
July 3, 2018
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 23, 2018. The time to file respondents' brief on the merits is extended to and including October 9, 2018.
August 1, 2018
Blanket Consent filed by Petitioner, Helsinn Healthcare S.A..
August 23, 2018
Brief of petitioner Helsinn Healthcare S.A. filed.
August 23, 2018
Brief amicus curiae of Congressman Lamar Smith filed.
August 23, 2018
Joint appendix filed.
August 23, 2018
Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
August 30, 2018
Brief amicus curiae of United States of America filed.
August 30, 2018
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
August 30, 2018
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
August 30, 2018
Brief amicus curiae of The Massachusetts Biotechnology Council filed.
August 30, 2018
Brief amicus curiae of Bar Association of the District of Columbia filed.
August 30, 2018
Brief amicus curiae of Austin Intellectual Property Law Association in support of neither party filed.
August 30, 2018
Brief amicus curiae of The Naples Roundtable in support of neither party filed.
August 30, 2018
Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
August 30, 2018
Brief amicus curiae of Houston Intellectual Property Law Association in support of neither party filed.
August 30, 2018
Brief amicus curiae of US Inventor, Inc. filed.
August 30, 2018
Brief amicus curiae of The Biotechnology Innovation Organization (BIO) filed.
September 24, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
October 9, 2018
SET FOR ARGUMENT on Tuesday, December 4, 2018
October 9, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
October 9, 2018
Brief of respondents Teva Pharmaceuticals USA, Inc., et al. filed.
October 9, 2018
Brief amici curiae of 45 Intellectual Property Professors filed.
October 15, 2018
Brief amici curiae of R Street Institute and Engine Advocacy filed.
October 15, 2018
Record requested from the U.S.C.A. Federal Circuit.
October 16, 2018
Brief amicus curiae of Association for Accessible Medicines filed.
October 16, 2018
Brief amicus curiae of Intel Corporation filed.
October 16, 2018
Brief amicus curiae of IEEE-USA filed.
October 16, 2018
Brief amici curiae of SPCM S.A. and High Tech Inventors Alliance filed.
October 16, 2018
Brief amicus curiae of Congresswoman Zoe Lofgren filed.
October 19, 2018
CIRCULATED
October 24, 2018
Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER, with the exception of some confidential documents (1 Envelope).
November 8, 2018
Reply of petitioner Helsinn Healthcare S.A. filed. (Distributed)
December 4, 2018
Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: William M. Jay, Washington, D. C.
January 22, 2019
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.
February 26, 2019
JUDGMENT ISSUED.