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He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software and computer related innovations.

Gene is admitted to practice law in New Hampshire, is a Registered Patent Attorney and is also admitted to practice before the United States Court of Appeals for the Federal Circuit. Tags:102 rejections, aia, America Invents Act, CAFC, Federal Circuit, Helsinn Healthcare S.

After first determining that a sale had occurred, the Federal Circuit turned to the language of the statute and the legislative history of the AIA. § 102 so that there was no qualifying sale as to the ‘219 patent,” Judge Dyke wrote.

“We next address whether the AIA changed the meaning of the on-sale bar under 35 U. Teva and various amici argued that the AIA did not change the law with respect to the meaning of the term “on sale,” while Helsinn and the government argued that the AIA did change the law, which no longer encompasses secret sales and requires that a sale make the invention available to the public in order to trigger application of the AIA on-sale bar.

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Gene is also a principal lecturer in the PLI Patent Bar Review Course and an attorney with Widerman Malek.

Gene’s specialty is in the area of strategic patent consulting, patent application drafting and patent prosecution.

Dyk pointed out that there are no floor statements or anything else in the legislative history that suggest that a sale or offer for sale must itself publicly disclose the details of the claimed invention to become invalidating.

To the contrary, then Senator Kyl acknowledged in the legislative history “once a product is sold on the market, any invention that is inherent to the product becomes publicly available prior art and cannot be patented.” Had Congress wanted to so fundamentally change the law surrounding the on-sale bar they would have, and should have done so in clear language, Dyk explained.

that would have no effect here since those cases were concerned entirely with whether the existence of a sale or offer was public. was publicly announced in MGI’s 8-K filing with the SEC.” Helsinn also argued that the “otherwise available to the public” language of the AIA required the details of the claimed invention be publicly disclosed before the AIA on-sale bar is triggered.

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