Apr 13, 2020

Updates: New York Federal & State Courts

NY Courts

In less than two weeks, there have been several changes to the response of the New York Federal & State Courts to COVID-19.  This blog post is to provide an update to our prior blog post that may be found here. New York Federal Courts SDNY All jury trials are now suspended until at least June 1, 2020. In-court appearances are restricted to “emergency matters” NDNY Most criminal proceedings are now temporarily being held remotely via Skype. New York State Court Court of Appeals  The Court of Appeals will not hear oral argument during the April/May session and the building… Read more

Jan 9, 2019

Supreme Court Hears Arguments on On-Sale Bar for Patentability

On-Sale Bar for Patentability

Does a secret sale of a patented invention that occurred before the filing of a patent application count as invalidating prior art? That question was the recent focus of oral arguments before the Supreme Court recently in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA. Before the passage of the America Invents Act (“AIA”) in 2011, the question had been well settled. Section 102 of the Patent Act, defining conditions for patentability, stated that a person was entitled to a patent for an invention unless the invention was “in public use or on sale in this country, more… Read more