Imagine That IP Law Blog

On January 22, 2019, the United States Supreme Court ruled that 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 (AIA). The case is Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. With this decision, the Supreme Court answered a question about the “on-sale bar” to patentability that has lingered since the enactment of the AIA in 2011.

Prior to the AIA, it was settled law that a sale embodying an invention, whether public or private ... Read More ›

It is common for the parties to a commercial transaction or relationship to conclude that their circumstance requires more than a non-disclosure agreement. And it is frequently the case that certain privileged attorney client communications may need to be shared. The parties often seek to protect that information with what are known as common-interest agreements or joint defense agreements, depending on the circumstances. Both of the agreements fall under a broad legal umbrella known as the "Common Interest Doctrine" (Doctrine).  While the Doctrine is generally known, it is ... Read More ›