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

Supreme Court of the United States

Decided January 22, 2019No. 17–1229PublishedCited by 54 opinions

1Opinion of the CourtJustice Thomas

The Leahy-Smith America Invents Act (AIA) bars a person from receiving a patent on an invention that was "in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention." 35 U.S.C. § 102 (a)(1). This case requires us to decide whether the sale of an invention to a third party who is contractually obligated to keep the invention confidential places the invention "on sale" within the meaning of § 102(a).

More than 20 years ago, this Court determined that an invention was "on sale" within the meaning of an earlier version of § 102(a) when it…

2Cases cited14 opinions

  1. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.Supreme Court of the United States · 1989
  2. Shapiro v. United StatesSupreme Court of the United States · 1948
  3. Paroline v. United StatesSupreme Court of the United States · 2014
  4. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  5. Pfaff v. Wells Electronics, Inc.Supreme Court of the United States · 1998

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3Cited by54 opinions

  1. Rehaif v. United StatesSupreme Court of the United States · 2019
  2. Food Marketing Institute v. Argus Leader MediaSupreme Court of the United States · 2019
  3. Georgia v. Public Resource.Org, Inc.Supreme Court of the United States · 2020
  4. Barry v. Medtronic, Inc.Court of Appeals for the Federal Circuit · 2019
  5. United States v. Robert CollazoCourt of Appeals for the Ninth Circuit · 2020

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