4:51 PM
Jan 22, 2019
 |  BC Extra  |  Politics & Policy

SCOTUS upholds lower court's ruling in Helsinn patent case

Biotech companies seeking R&D partners should file patents early for their inventions, in light of the U.S. Supreme Court's unanimous decision Tuesday saying some private sales of inventions qualify as prior art in patent litigation.

"All companies that seek partners should be diligent about getting their patent application on file early in the product development process," said Stacie Ropka, a partner at law firm Axinn, Veltrop & Harkrider.

In its opinion in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., the Supreme Court wrote that a commercial sale of...

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