The Supreme Court recently clarified the post-AIA meaning of “on sale” in Helsinn Healthcare S.A. v. Teva Pharmaceutical USA, No. 17-1229, 2019 WL 271945 (Jan. 22, 2019).
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In Teva v. Sandoz, 574 U.S. __, No. 13-854 (slip op. Jan. 20, 2015), the Supreme Court held that “evidentiary underpinnings” such as expert testimony considered by a trial court in