Drugmakers Head to High Court for Clarity on Patent-Sale Timing

The Supreme Court’s interpretation of a single line in federal patent law could determine if drugmakers can strike confidential licensing deals well before seeking patents.

Helsinn Healthcare SA wants the high court to revive a dosing patent for the anti-nausea drug Aloxi, which was tossed out on a challenge by generic drugmaker Teva Pharmaceuticals Inc. The two sides will square off Dec. 4 in an oral argument at the court.

Helsinn had agreed to sell exclusive rights to the drug more than a year before applying for the patents, which under previous law would bar the patent. But Helsinn says ...