Posts Tagged: 35 USC 102


Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision

It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three …
By James Pooley
10 months ago 1

Supreme Court decides Helsinn v. Teva, Secret Sale Qualifies as Prior Art Under the AIA

n a relatively short, unanimous decision authored by Justice Thomas, the Court begins by explaining that twenty-years ago in Pfaff v. Wells Electronics, Inc., 525 U.S. 55, 67 (1998) the …
By Gene Quinn
11 months ago 20

Industry Reaction to Helsinn Healthcare v. Teva Pharmaceuticals Oral Arguments

On Tuesday, December 4th, oral arguments were held before the U.S. Supreme Court in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA. The nation’s highest …
By Gene Quinn & Steve Brachmann
12 months ago 20

Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales

On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
By Steve Brachmann
1 year ago 2

After Priority Date Lost, PTAB Invalidates Aircraft Lavatory Design Patent

Despite the April 2011 priority date asserted for the ‘031 design patent, the PTAB found in its institution decision that the ‘031 patent wasn’t entitled to the priority date …
By Steve Brachmann
1 year ago 0

CAFC Vacates PTAB Obviousness Decision, Nonobviousness Nexus Established by Patent Owner

The Federal Circuit recently issued a non-precedential decision in LiquidPower Specialty Products v. Baker Hughes, vacating and remanding a final written decision from the Patent Trial and …

Rule 36 Affirmances at the Federal Circuit – Week of October 8, 2018

During the week of October 8, 2018,  there were five cases involving patents that were decided without an opinion as a result of Rule 36 affirmances at the United States …

Waymo Patent Asserted Against Uber Suffers Setback in Reexamination

he U.S. Patent and Trademark Office issued a final office action in an ex parte reexamination of a patent owned by Google self-driving car development subsidiary …

Analyzing Amicus Briefs Filed in Support of Granting Cert. in Helsinn

On June 25th, the the U.S. Supreme Court agreed to hear Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., on appeal from the Federal Circuit. …
By Steve Brachmann
1 year ago 1

Legislation Introduced in House to Repeal the PTAB and the AIA

There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
By Steve Brachmann
1 year ago 24

Apple Brings Patent Battle Against Qualcomm to PTAB With Six IPR Petitions on Four Patents

If Qualcomm's allegations are true, Apple will apparently stop at nothing to avoid paying licensing fees for Qualcomm’s patented technologies. Qualcomm’s tortious interference suit against …
By Steve Brachmann
1 year ago 2

Class Action Lawsuit Filed Against U.S. Government Alleging PTAB Violates Takings Clause and Due Process

On Wednesday, May 9th, Oklahoma-based patent owner Christy Inc. filed a class action complaint in the U.S. Court of Federal Claims against the United States seeking …
By Steve Brachmann
2 years ago 44

STRONGER Patents Act Introduced in House, Seeks to Strengthen a Crippled Patent System

In a telephone interview, Rep. Stivers noted that, while the AIA was intended as legislation that would make the patent system more efficient, the resulting differences in …
By Steve Brachmann
2 years ago 21

Distribution Agreement Considered a Commercial Offer and On-Sale Bar

The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …

Ariosa Liable for $26 Million in Lost Profits for Infringing Two Blood Test Patents

A jury verdict awarded more than $26 million to a group of plaintiffs including San Diego, CA-based gene analysis firm Illumina, Inc. The jury found that Ariosa Diagnostics …
By Steve Brachmann
2 years ago 1