The SCOTUS agreed with the Federal Circuit, that in this case a commercial sale to a third party, who is required to keep the invention confidential, nevertheless placed the invention “on sale” under USC §102(a).
In line with the Federal Circuit's decision, the Supreme Court ruled that even though the sale was to a third party under a non-disclosure agreement, it still constitutes an "on-sale" event under US patent law (USC §102(a)).