Chris Loh authored "Protecting Patent Rights from the On-Sale Bar after Helsinn" in The Licensing Journal's April 2019 edition. The following is an excerpt:
On January 22, 2019, the United States Supreme Court in Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc. held that the sale of a patented invention to a party who is obligated to keep the invention confidential can trigger the "on-sale bar" of the American Incents Act (AIA). This decision emphasizes the ongoing need for intellectual property owners to take care that certain commercial transactions involving their inventions do not interfere with their patent rights.