Does a License Agreement Trigger the On-Sale Bar – a Revisit to Helsinn

Does a License Agreement Trigger the On-Sale Bar – a Revisit to Helsinn by Elliott Chen Much attention has been focused on the recent Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., in which the Supreme Court decided that the “On-Sale Bar” of 35 U.S.C. § 102 remains the same under the America Invents Act (AIA). Thus, a “secret” sale …

Taking a Second Look at Trademark License Agreements in Light of Mission Product Holdings Inc. v. Tempnology, LLC – Part II

Taking a Second Look at Trademark License Agreements in Light of Mission Product Holdings Inc. v. Tempnology, LLC – Part II by Gloria Steinberg Back in February of this year, the U.S. Supreme Court heard the oral argument for Mission Product Holdings Inc. v. Tempnology, LLC, to determine “[w]hether, under Section 365 of the Bankruptcy Code, a debtor-licensor’s ‘rejection’ of …

Taking a Second Look at Trademark License Agreements in Light of Mission Product Holdings Inc. v. Tempnology, LLC – Part I

Taking a Second Look at Trademark License Agreements in Light of Mission Product Holdings Inc. v. Tempnology, LLC – Part I by Gloria Steinberg On February 20, the U.S. Supreme Court heard the oral argument for Mission Product Holdings Inc. v. Tempnology, LLC, to determine “[w]hether, under Section 365 of the Bankruptcy Code, a debtor-licensor’s ‘rejection’ of a license agreement …

Supreme Court Affirms Interpretation of “On-Sale Bar” in Helsinn Healthcare S. A. v. Teva Pharmaceuticals US, Inc.

Supreme Court Affirms Interpretation of “On-Sale Bar” in Helsinn Healthcare S. A. v. Teva Pharmaceuticals US, Inc. by Shamim Mohandessi On January 22, the US Supreme Court, on Writ Certiorari to the US Court of Appeals for the Federal District held that under the Leahy-Smith American Invents Act (“AIA”), “a commercial sale to a third party who is required to …