United States Federal Circuit

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Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., 2016-1284

In a suit involving patents directed to intravenous formulations of palonosetron for reducing or reducing the likelihood of chemotherapy-induced nausea and vomiting (CINV) alleging that the filing of defendant's Abbreviated New Drug Application (ANDA) constituted an infringement of various claims of those patents, the district court's judgment -- that the patents-in-suit were not invalid, that there was a commercial offer for sale before the critical date but that the invention was not ready for patenting before the critical date, and that there was no commercial offer for sale because the AIA changed the relevant standard and in any event the invention was not ready for patenting before the critical date -- is reversed where: 1) the asserted claims of the patents-in-suit were subject to an invalidating contract for sale prior to the critical date of January 30, 2002, and the AIA did not change the statutory meaning of 'on sale' in the circumstances involved here; and 2) the asserted claims were also ready for patenting prior to the critical date.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/01


  • DYK


  • United States Federal Circuit


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