William Jay of Goodwin Procter. Photo by Diego M. Radzinschi/ALM
Hearing his first patent case, Brett Kavanaugh says legislators tried and failed to exclude private sales from a list of disqualifying prior art. Other justices sounded less sure.
December 04, 2018 at 06:18 PM
1 minute read
The U.S. Supreme Court sounded as if it could be getting a case of buyer’s remorse over patent law’s on-sale bar.
The justices granted cert in Helsinn Healthcare v. Teva Pharmaceuticals last summer after the pharmaceutical industry argued that legislators clearly intended to change the definition of what is “on sale”—and therefore faces a one-year ticking clock to be patented—in the America Invents Act.
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