Helsinn v. Teva — Metallizing Engineering “Overruled” by AIA?

The Federal Circuit heard oral argument in Helsinn v. Teva on Tuesday.  Part of the case deals with whether the enactment of the AIA “overruled” Metallizing Engineering by statute.  The panel considering the appeal is comprised of Judges Dyk, O’Malley, and Mayer.  It appears from the CAFC web site that Judge Stoll may have recused herself and that Judge Mayer took her place on the panel.

You can listen to the oral argument here: [Link].

The USPTO’s position is explained in its amicus brief available [here].

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