The Supreme Court recently granted a petition for writ of certiori in Helsinn Healthcare S.A. v. Teva Pharm. USA, Inc. The court will be asked to determine whether the Leahy-Smith America Invents Act (AIA) bars an inventor from selling to a third party when that third party has a duty of confidentiality to the seller. Such an “on-sale” bar would prevent the inventor or assignee from filing a patent for that invention.
Update: Supreme Court holds that that a secret sale qualifies as prior art.