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Webinar: Practical Impact of SCOTUS’s decision in Helsinn v. Teva on Secret Sales

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Presented by the Patent Interest Group

This program offers 1 MCLE credit. You must register in advance to participate.

In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the U.S. Supreme Court affirmed the Federal Circuit’s interpretation of the “on sale bar” — holding that “Congress did not alter the meaning of ‘on sale’ when it enacted the AIA.” In so doing, the Supreme Court answered affirmatively that a secret sale of an invention, or a sale of a technology under terms that require the invention to remain confidential, is barred under 35 U.S.C. § 102(a)(1), thereby preventing the invention from being patented. In this webinar, our panelists will weigh in on the impact of this decision and offer practical pointers to stakeholders and practitioners when dealing with secret, on-sale offers, activities, or commercialization.

Moderator: Alex Chan

Dave Basset is an IP Litigation partner at WilmerHale, where he has practiced for nearly 30 years. Mr. Bassett is located in the firm’s NYC office and his practice concentrates on intellectual property litigation, particularly on biotechnology, pharmaceutical, and Hatch-Waxman patent disputes. He also represents clients in a wide variety of other business disputes, including breach of contract, Lanham Act, and Internet-related claims. Mr. Bassett’s intellectual property litigation clients have included Allergan, Gilead Sciences, Foundation Medicine, Shionogi, Precision BioSciences, Biogen, Procter & Gamble, Calgene, Cephalon, Kurzweil Music, RSA Security, Braintree Laboratories, and many others. His practice has covered all facets of litigation, including discovery, settlement, alternative dispute resolution, trials, and appeals. Mr. Bassett has been lead trial lawyer in more than a dozen patent trials (both bench and jury), and has appeared before the Courts of Appeals for the First and Federal Circuits. Mr. Bassett is a graduate of Harvard Law School and clerked for the Hon. Sarah Evans Barker (SD IN) for two years prior to joining WilmerHale (then known as Hale and Dorr).

David Gornish, a member of Eckert, Seamans, Cherin & Mellott, is a patent attorney with significant experience in domestic and worldwide patent procurement and portfolio management. He enjoys representing entrepreneurs, whether they are company executives or individuals with great ideas.

David has drafted patent applications directed to many different technologies, including automated manufacturing equipment, injection molding processes, medical devices, drug delivery devices, pharmaceutical packaging, product quality inspection methods, air filtration and plasma deposition processes, among others.

On the litigation side, he has been intimately involved in several high stakes patent cases, primarily in the pharmaceutical field. Having the perspective of both a patent litigator and patent prosecutor, David drafts and prosecutes patents with foresight concerning potential disputes arising in the future. In another aspect of his practice, David routinely advises on issues of patent clearance and risk management relating to new product launches.

David’s technical background is in mechanical engineering and he worked in product development for a large medical device company prior to his legal career. David has served as the sole in-house patent counsel for a drug delivery and pharmaceutical packaging company. In that position, he managed a worldwide portfolio of hundreds of patent applications and handled the company’s IP-related agreements.

We are committed to accessibility! Virtual events are equipped with closed captioning. To request an in-person accommodation, send us a note at or contact us at 916-516-1760 for assistance.


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