Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. - Oral argument held on December 4, 2018

The dispute involves provisions of the Patent Act that “bar” an inventor from obtaining a patent if the inventor publicizes the invention or exploits it commercially before filing an application. Based on the Justice's comments taken from the transcript of the oral argument, which largely favored Teva, it is highly likely that the decision by the Federal Circuit, holding that an inventor puts an invention “on sale,” will be upheld. Thus the inventor loses a right to patent it, upon any sale, public or private.