Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.
Supreme Court of the United States
139 S. Ct. 628 (2019)
Relevant factsFree
Helsinn Healthcare (plaintiff) makes the anti-nausea drug Aloxi (palonosetron). Before filing its patent, Helsinn contracted with a U.S. company to license and market any FDA-approved palonosetron product, including dosage terms, under a confidentiality requirement, and later filed its patent applications. Teva (defendant) sought approval for a generic and, when sued for infringement, argued the patent was invalid because the drug was 'on sale' more than a year before filing.
IssueFree
Whether the on-sale bar applies, under the America Invents Act, to a product sold more than a year before filing under a sales contract requiring the product to be kept confidential.
Related cases
The Medicines Company v. Hospira, Inc.827 F.3d 1363 (2016)Pfaff v. Wells Electronics, Inc.525 U.S. 55 (1998)Evans Cooling Systems Inc. v. General Motors Corp.125 F.3d 1448 (1997)Abbott Laboratories v. Geneva Pharmaceuticals Inc.182 F.3d 1315 (1999)Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts153 F.2d 516 (1946)