This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to government, the government submitted an amicus brief that the Court should consider respectfully.
Background and question before the Court
According to Justice Kagan, a key question is whether the AIA’s new language can change the previously settled law on what constitutes an “on sale” disclosure.
According to Justice Kavanaugh, justices asked whether offering an invention to even a single person or a small group qualifies as an “on sale” under the AIA.
What each side argues
Petitioner – HelSinn Healthcare S.A.
Source-limited. The record does not yet support a complete account.
Respondent – Teva Pharmaceutical USA, Inc.
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Kavanaugh asked whether offering an invention to even one person or a small group makes it “on sale.”
According to Justice Kagan, justice Kagan inquired whether the AIA could overturn settled law on the on‑sale bar.
According to Chief Justice Roberts, chief Justice Roberts noted that the case was submitted.
What the Court decided
Why it matters
Terms to know
- on‑sale bar
- The on‑sale bar reaches only a disclosure that makes the claimed invention available to the public.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 442ee26c274678ce9fe5-r1-2df2a4b59c805b80.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.