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

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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.

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