In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.,  Fed. Cir. 2016-1284, now under briefing at the Federal Circuit, the question is raised whether secret commercialization of an invention underMetallizing Engineering as prior art remains viable under the Leahy Smith America Invents Act.

The attached Top Ten Patent Cases includes an appendix with a detailed discussion of Helsinn Healthcare.