Helsinn Healthcare v. Teva Pharmaceuticals
Under 35 U.S.C. § 102, an inventor may not obtain a patent on an invention that has been “on sale” for more than a year. The question is whether, from this so-called on-sale bar, certain classes of sales should be exempted— sales under a confidentiality agreement, in Petitioner’s view; and sales to those other than the ultimate customers, according to the government.
Duan, Charles, "Brief for the R Street Institute and Engine Advocacy as Amici Curiae in Support of Respondents" (2018). Amicus Briefs. 37.