Tag: Teva

A Sale is a Sale: Supreme Court Clarifies Meaning of “On Sale” in Helsinn

By Kristin Holmes The Supreme Court recently clarified the post-AIA meaning of “on sale” in Helsinn Healthcare S.A. v. Teva Pharmaceutical USA, No. 17-1229, 2019 WL 271945 (Jan. 22, 2019). The issue in this case is whether the sale of a patentable product to a third party, who is contractually obligated to keep the invention […]

Teva v. Sandoz: Lessons for Patent Owners & Counsel

In Teva v. Sandoz, 574 U.S. __, No. 13-854 (slip op. Jan. 20, 2015), the Supreme Court held that “evidentiary underpinnings” such as expert testimony considered by a trial court in construing patent claims can be reversed on appeal only upon a showing of “clear error,” even while the intrinsic record and the ultimate legal […]