In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Fed. Cir. 2016-1284, the Federal Circuit is expected to consider whether the secret commercialization bar of  Metallizing Engineering survives the redrafting of 35 USC §102 in the Leahy Smith America Invents Act.

Amicus Brief of The Naples Roundtable, Inc.:   As amicus curiae, The Naples Roundtable, Inc., a nonprofit 501(c)3 organization, provides a comprehensive analysis of the harmonization objectives of the Leahy Smith America Invents Act in the context of  its new Section 102 that implements the first-inventor-to-file system.  The organization’s brief provides a comparative analysis of the laws of major countries of the world, while also delving into the weak foundation of Metallizing Engineering as explained by patent law expert Professor Karshtedt.

A copy of the amicus brief of The Naples Roundtable, Inc. is attached to the pdf version of this note.