Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-1229	Fed. Cir.	Dec 4, 2018	Jan 22, 2019	9-0	Thomas	OT 2018

Holding: The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention "on sale" for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was "in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention," 35 U.S.C. § 102(a)(1).

Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on January 22, 2019.

SCOTUSblog Coverage

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Opinion analysis: Justices affirm ruling that secret sales of invention bar later patent (Ronald Mann, January 22, 2019)
Argument analysis: Justices debate revised language in patent-priority statute (Ronald Mann, December 5, 2018)
Argument preview: Of patents, prior art and secret sales (Ronald Mann, November 27, 2018)
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Petition of the day (Aurora Barnes, April 12, 2018)

Date	Proceedings and Orders (key to color coding)
02/28/2018	Petition for a writ of certiorari filed. (Response due April 2, 2018)
03/12/2018	Motion to extend the time to file a response from April 2, 2018 to May 17, 2018, submitted to The Clerk.
03/13/2018	Motion to extend the time to file a response is granted in part and the time is extended to and including May 11, 2018.
03/13/2018	Blanket Consent filed by Petitioner, Helsinn Healthcare S.A..
03/19/2018	Blanket Consent filed by Respondents, Teva Pharmaceuticals USA, Inc., et al..
03/27/2018	Brief amicus curiae of Congressman Lamar Smith filed.
03/30/2018	Brief amicus curiae of Intellectual Property Owners Association filed.
03/30/2018	Brief amicus curiae of American Intellectual Property Law Association filed.
04/02/2018	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
04/02/2018	Brief amicus curiae of Boston Patent Law Association in support of neither party filed.
04/02/2018	Brief amicus curiae of The Naples Roundtable filed.
04/02/2018	Brief amicus curiae of The Biotechnology Innovation Organization (BIO) filed.
04/02/2018	Brief amicus curiae of US Inventor, Inc. filed.
04/02/2018	Brief amicus curiae of Bar Association of the District of Columbia filed.
04/02/2018	Brief amicus curiae of The Massachusetts Biotechnology Council filed.
05/11/2018	Brief of respondents Teva Pharmaceuticals USA, Inc., et al. in opposition filed.
05/29/2018	DISTRIBUTED for Conference of 6/14/2018.
05/29/2018	Reply of petitioner Helsinn Healthcare S.A. filed. (Distributed)
06/18/2018	DISTRIBUTED for Conference of 6/21/2018.
06/25/2018	Petition GRANTED.
07/02/2018	Motion for an extension of time to file the briefs on the merits filed.
07/03/2018	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 23, 2018. The time to file respondents' brief on the merits is extended to and including October 9, 2018.
08/01/2018	Blanket Consent filed by Petitioner, Helsinn Healthcare S.A..
08/23/2018	Brief of petitioner Helsinn Healthcare S.A. filed.
08/23/2018	Brief amicus curiae of Congressman Lamar Smith filed.
08/23/2018	Joint appendix filed.
08/23/2018	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
08/30/2018	Brief amicus curiae of United States of America filed.
08/30/2018	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
08/30/2018	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
08/30/2018	Brief amicus curiae of The Massachusetts Biotechnology Council filed.
08/30/2018	Brief amicus curiae of Bar Association of the District of Columbia filed.
08/30/2018	Brief amicus curiae of Austin Intellectual Property Law Association in support of neither party filed.
08/30/2018	Brief amicus curiae of The Naples Roundtable in support of neither party filed.
08/30/2018	Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
08/30/2018	Brief amicus curiae of Houston Intellectual Property Law Association in support of neither party filed.
08/30/2018	Brief amicus curiae of US Inventor, Inc. filed.
08/30/2018	Brief amicus curiae of The Biotechnology Innovation Organization (BIO) filed.
09/24/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/09/2018	SET FOR ARGUMENT on Tuesday, December 4, 2018
10/09/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
10/09/2018	Brief of respondents Teva Pharmaceuticals USA, Inc., et al. filed.
10/09/2018	Brief amici curiae of 45 Intellectual Property Professors filed.
10/15/2018	Brief amici curiae of R Street Institute and Engine Advocacy filed.
10/15/2018	Record requested from the U.S.C.A. Federal Circuit.
10/16/2018	Brief amicus curiae of Association for Accessible Medicines filed.
10/16/2018	Brief amicus curiae of Intel Corporation filed.
10/16/2018	Brief amicus curiae of IEEE-USA filed.
10/16/2018	Brief amici curiae of SPCM S.A. and High Tech Inventors Alliance filed.
10/16/2018	Brief amicus curiae of Congresswoman Zoe Lofgren filed.
10/19/2018	CIRCULATED
10/24/2018	Record received from the U.S.C.A. Federal Circuit is electronic and located on PACER, with the exception of some confidential documents (1 Envelope).
11/08/2018	Reply of petitioner Helsinn Healthcare S.A. filed. (Distributed)
12/04/2018	Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: William M. Jay, Washington, D. C.
01/22/2019	Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.
02/26/2019	JUDGMENT ISSUED.