Helsinn Healthcare S.a., Petitioner v. Teva Pharmaceuticals USA, Inc.

Summary

The Court held that a sale of an invention to a third party bound by a confidentiality obligation qualifies as "on sale" under 35 U.S.C. §102(a)(1) AIA, and that the AIA’s reenactment of the phrase did not change its pre‑AIA meaning. Accordingly, the sale of Helsinn’s palonosetron dosage to MGI triggered the on‑sale bar, and the Court affirmed the Federal Circuit’s judgment.