Category Archives: 102 Patentability

Barry v. Medtronic – Be Careful What You Use and Sell!

In my last post, I discussed the Supreme Court’s opinion in Helsinn Healthcare v. Teva Pharms., holding Helsinn’s patent on a drug was invalid on the basis that Helsinn’s semi-secret sale of the drug to a marketing partner triggered the … Continue reading

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Fed. Cir. in Helsinn v. Teva Declines Limiting the Requirements of the “On Sale” Bar

In Pfaff v. Wells Electronics, 525 US 55 (1988), the Supreme Court attempted to focus the factors invoking the on-sale bar of s.102, by holding that the claimed invention must both be the subject of a “commercial sale”(including offers for … Continue reading

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Hamilton Beach v. Sunbeam Products – “On Sale” Bar Clarified

On Wednesday August 14th, a divided  Fed. Cir. panel affirmed the invalidation of Hamilton Beach’s portable slow cooker under the “on-sale” or “in public use” bars of s. 102(b). Hamilton Beach Brands v. Sunbeam Prods., Inc., Appeal No. 2012-1581 (Fed. … Continue reading

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