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

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.

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.