IP litigation partner Matt Rizzolo (Washington, D.C.) was quoted in Jan. 22 articles in Law.com and Bloomberg Law on the U.S. Supreme Court’s ruling affirming that Helsinn Healthcare SA’s patents on anti-nausea medicine Aloxi were invalid because the company had sold a product containing the patented drug formulation two years before seeking the patents, even though the specific formulation remained undisclosed to the general public.
He explains that the Supreme Court’s decision in Helsinn conflicts with the current U.S. Patent & Trademark Office practice regarding so-called “secret sales,” and may lead to future disputes and litigation regarding “on-sale bar” issues for post-America Invents Act patents issued under the current Patent Office practices.
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