High Court Eyes Helsinn's Aloxi Case on Drug Patent Sale Rule

摘要

Do confidential sales of an invention before it's patented render it ineligible for patent protection? The U.S. Supreme Court is scheduled June 14 to look into a case involving the anti-nausea drug Aloxi that presents that question. A high court decision to hear the case-likely later in the month-would clarify the scope of drug and medical technology companies' capacity to commercialize inventions before receiving patents on them. Helsinn Healthcare SA wants the high court to review a decision by U.S. Court of Appeals for the Federal Circuit that invalidated Aloxi patents. The federal appeals court also reversed a district court finding that Teva Pharmaceuticals USA Inc., which sought regulatory approval in 2011 to market a generic version of Aloxi, infringed Helsinn's patent.