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

Argument:  December 4, 2018
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Helsinn Healthcare S.A.:  An inventor’s sale of an invention to a third party who is obligated to keep the invention confidential DOES NOT QUALIFY as prior art for purposes of determining the patentability of the invention.

Teva Pharmaceuticals USA Inc.:  An inventor’s sale of an invention to a third party who is obligated to keep the invention confidential QUALIFIES as prior art for purposes of determining the patentability of the invention.

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