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Supreme Court to Tackle Early Patent Sale Rule (1)

June 25, 2018, 1:35 PMUpdated: June 25, 2018, 6:13 PM

The U.S. Supreme Court will review a ruling that invalidated several patents covering the Aloxi anti-nausea drug because a company sold rights to the drug before filing for the patents.

The court announced that it will hear the case in an order issued June 25.

The high court’s decision will help clarify the law around the “on sale bar,” under which an invention can’t be patented if it was sold more than a year before a patent application filing.

If the high court upholds the ruling, drug companies and medical technology companies will have trouble developing patents into products, because ...