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14 J. Bus. & Tech. L. Proxy 1 (2020)

handle is hein.journals/jbtprxy14 and id is 1 raw text is: Helsinn Healthcare S.A. v. Teva Pharm. USA, Inc.: 35 U.S.C. § 102 Looks Like a New Duck and Sounds like a New Duck, but the On-Sale Bar is the Same Ole Goose CHRISTOPHER HOWES*o In Helsinn Healthcare S.A. v. Teva Pharm. USA, Inc.,' the Supreme Court of the United States addressed whether the America Invents Act (AIA) changed the meaning of the on-sale bar to allow an invention to be considered not on sale when it is subject to a commercial sale to a third party that is required to keep the invention confidential.2 The Court correctly held that the on-sale bar applied to Helsinn Healthcare S.A.'s patent governed by the AIA because Congress did not clearly express its intent to change the years of pre-AIA precedent,3 Helsinn and MGI's transaction was not secret and placed the invention on sale as defined by its claims,' and the holding furthers the promotion of the progress of science and useful arts.s I. THE CASE Helsinn Healthcare S.A. (Helsinn) is the owner of the four patents-in-suit, U.S. Patent Nos. 7,947,724 ('724 patent), 7,947,725 ('725 patent), 7,960,424 ('424 patent), and 8,598,219 ('219 patent) (collectively, the patents-in-suit), which are directed to reducing the likelihood of chemotherapy-induced nausea and @Christopher Howes 2020. * The author is a J.D. Candidate, 2020, University of Maryland Francis King Carey School of Law. I would like to thank the editors and staff on the Journal of Business and Technology Law, specifically Kevin Redden, Samuel Schwartz, Samuel Kava, Cymone Gosnell, and Elizabeth McClellan for their insightful feedback and suggestions throughout the writing process. I would also like to thank the many professors of the Intellectual Property Law program at University of Maryland Francis King Carey School of Law for constructing an excellent program, especially Professor Patricia Campbell. Finally, I would like to thank my parents, Chris and Debbie Howes, and the rest of my family and friends for all their support. 1. Helsinn Healthcare S.A. v. Teva Pharm. USA, Inc., 139 S. Ct. 628 (2019). 2. Id. at 629. 3. See infro Section V.A. 4. See infro Section VB. 5. See infro Section IV.C. Journal of Business & Technology Law Proxy 1

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