In House IP Managers Forum Meeting

On-Sale Bar After 

Helsinn Healthcare v. Teva Pharmaceuticals.

Sunday May 12 |16:30 – 19:00 

(Light Dinner Refreshments will be served)

Place: Greenberg Traurig   
One Azrieli Center | Round Tower, 30th floor |132 Menachem Begin, Rd | Tel Aviv

Program

Learn what you need to know about the recent Supreme Court’s Helsinn decision, and how it affects your practice.

 

Under pre-AIA 35 USC § 102(b), the confidential commercialization of an invention triggered a one year period within which the inventor must file a patent application. The language of the statute was modified in 2011 with the passage of the America Invents Act (AIA). The USPTO interpreted AIA § 102 as limiting prior art to documents and acts that place the claimed invention in the public domain. The Federal Circuit disagreed, and the issue went before the US Supreme Court.

 

In particular, will be addressed questions that remain after the Supreme Court’s opinion, and will provide guidance for patent practitioners looking to keep their practice sharp. 

According to this decision, an inventor’s sale of an invention to a third party is obligated to keep the invention confidential qualifies as prior art for purposes of determining patentability.

 

The decision is of a very high importance to companies internal policies in connection with offers for sale/sales/agreements vs corresponding patent filing strategy.

Cost per participant:
Members of the IP Forum - Free
Non Members - 390 incl VAT

Faculty - Barry Schlinder

Barry J. Schindler is the Chair of Greenberg Traurig's Global Patent Prosecution Group -- a group of approximately 4,000 domestic and 4,100 foreign applications pending and over 100 attorneys, who are registered with the USPTO. Barry has more than twenty-five years of legal experience in all aspects of pharmaceutical and chemical patent prosecution -- representing numerous major pharmaceutical and chemical companies regarding patents relating to small molecules and synthetic compounds.

Barry has helped companies of all sizes build and manage large patent portfolios, develop in-house procedures, and formulate intellectual property strategies. Barry positions clients to gain a competitive advantage by identifying patentable subject matter and drafting claims and providing patent opinions in such a way that infringement becomes possible to prove.

Barry, an active member of the firm's Israel Practice also focuses his practice on managing the patent portfolio for numerous innovative Israeli start-ups. Barry is a frequent business visitor to Israel and is very involved with the local tech community.