An article by Partner David Bassett and Special Counsel Christine Duh published by Law360 on November 30, 2018.

Excerpt: The US Supreme Court may soon resolve an issue that has sparked much debate since the enactment of the Leahy-Smith America Invents Act—namely, whether under the AIA, an inventor's sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining patentability. On Dec. 4, 2018, the Supreme Court is set to hear oral arguments in Helsinn Healthcare SA v. Teva Pharmaceuticals USA Inc. on that very issue. Read the full article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.