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Law360 Reports on Brief Submitted by Ron Cahill and Micah Miller on Behalf of the BPLA

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07.24.2017

Ronald E. Cahill, a partner in Nutter’s Intellectual Property and Litigation Departments and chair of the firm’s Intellectual Property Litigation practice group, and Micah W. Miller, an associate in the Intellectual Property Department, submitted an amicus brief on behalf of the Boston Patent Law Association (BPLA) to the Federal Circuit to review the decision in Helsinn Healthcare S.A. et al. v. Teva Pharmaceuticals USA, Inc. that sales in which an invention is not publicly disclosed invalidate patents under the America Invents Act's (AIA) on-sale bar rule.

Law360 reported on the case in “Major IP Groups Urge Full Fed. Circ. To Eye AIA On-Sale Bar” on July 19. The BPLA filed a brief urging the court to take the case to eliminate "uncertainty regarding the most basic laws of patentability.” “These are foundational issues in patent law,” the brief stated. “All participants in the patent system must be able to determine what constitutes prior art under the AIA.”

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