Quimbee logo
DMCA.com Protection Status
  • H
  • Helsinn Healthcare S.A. v. Teva Pharmaceutic…Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.
From our private database of 16,800+ case briefs...

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

United States Supreme Court
139 S. Ct. 628 (2019)


Helsinn Healthcare S.A. (plaintiff) makes Aloxi, a drug for chemotherapy nausea made from palonosetron. During clinical trials of .25 and .75 mg dosages, Helsinn contracted with a U.S. company to license and market any FDA-approved palonosetron product in the U.S. The contracts included dosage information but required confidentiality. Helsinn filed a provisional patent for those two dosages, followed by four applications claiming priority. The fourth, filed in 2013, covered a dose of .25 mg. Meanwhile, in 2011, Teva Pharmaceuticals USA, Inc. (defendant), sought FDA approval to market a generic equivalent of the .25 mg dose. When Helsinn sued Teva for patent infringement, Teva countered that Helsinn’s patent was not valid because the .25 mg dose was on sale more than a year before Helsinn filed its provisional application. The trial court ruled that the on-sale bar of the Leahy-Smith America Invents Act (AIA) did not apply because Helsinn’s supply and marketing agreements did not make the .25 mg dose available to the public, instead keeping it confidential. The Federal Circuit reversed, reasoning that public disclosure of the sale sufficed to apply the on-sale bar, even though the details of the dosage were kept confidential. The United States Supreme Court granted review.

Rule of Law


Holding and Reasoning (Thomas, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 450,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 450,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial