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BPLA Amicus Brief filed on 4/2/18

Tuesday, April 3, 2018  
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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA , Inc., et al.,


As in its brief in support of rehearing en banc at the Federal Circuit, the BPLA advocates for granting certiorari to provide timely guidance on the meaning of “on-sale” under the America Invents Act (AIA). The BPLA urges the Supreme Court to make clear whether the meaning of “on sale” as used in 35 U.S.C. §102(a) retains the same meaning that “on sale” had prior to the AIA. Further, the BPLA encourages the court to establish a framework under which to analyze whether an invention is “on sale,” if the Court decides the meaning has changed. In support of its position, the BPLA highlights the substantial confusion regarding the effect of the AIA amendments on the meaning of “on sale,” including the additional confusion introduced by the Federal Circuit’s denial of rehearing and related concurrence. The BPLA also emphasizes the importance of this issue of patent law and how it affects all participants in the patent system.


The full PDF of the Amicus Brief is available here.



Boston Patent Law Association
One Batterymarch Park, Suite 101
Quincy, MA 02169
Phone: 617.507.5570

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