Amicus Briefs

Monsanto v. Bowman: BIO submits Supreme Court Amicus Brief

Organic Seed Growers v. Monsanto: BIO and CLA File Amicus Brief

INTRODUCTION

AMP v. USPTO Remand: BIO Files Supplemental Brief

Marine Polymer Technologies v. Hemcon: BIO Amicus Brief

The Federal Circuit's majority panel decision in this case upsets the delicately balanced, congressionally created incentive system for reexamination. It is inconsistent with the relevant statutes and imposes a rule that would create massive implementation challenges in the USPTO. At bottom, the decision conflates the separate and distince concepts of argument estoppel and claim amendment, thereby creating uncertainty for amici, investors, customers, and the general public, which benefits greatly from innovation in the life sciences industries.

BIO's Prometheus v. Mayo Clinic Amicus Brief Filed

BIO, AUTM and CropLife International File Joint Brief inMicrosoft v. i4i

In this brief filed jointly with the Association of University Technology Managers and CropLife International, BIO explains that the current high burden of proof for invalidating a patent in court has deep historic roots in Supreme Court law, and has been consistently applied by the lower courts for many decades.

BIO Files Brief in McKesson Technologies v. Epic Systems

In the brief filed in support of neither party, BIO asserts that the existing Federal Circuit standard of liability for infringing a process patent when the steps of the patented process are practiced by multiple different entities is too inflexible, and should be replaced with the kind of fact-intensive inquiry that allows for fair allocation of liability in other areas of the law.

BIO, AUTM and CropLife International File Joint Brief in Microsoft v. i4i

_________________ MICROSOFT CORPORATION, Petitioner, v. I4I LIMITED PARTNERSHIP AND INFRASTRUCTURES FOR INFORMATION, INC., Respondents. _________________ On Writ of Certiorari to the United States Court of Appeals for the Federal Circuit _________________ BRIEF OF AMICI CURIAE BIOTECHNOLOGY INDUSTRY ORGANIZATION, ASSOCIATION OF UNIVERSITY TECHNOLOGY MANAGERS, AND CROPLIFE INTERNATIONAL IN SUPPORT OF RESPONDENTS _________________

Stanford University v. Roche

No. 09-1159 IN THE Supreme Court of the United States ___________ BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, Petitioner, v. ROCHE MOLECULAR SYSTEMS, INC., et al., Respondents. ___________ On Writ of Certiorari to the United States Court of Appeals for the Federal Circuit ___________ BRIEF OF AMICUS CURIAE BIOTECHNOLOGY INDUSTRY ORGANIZATION IN SUPPORT OF RESPONDENT ___________ THOMAS DILENGE CARTER G. PHILLIPS* HANS SAUER, PH.D.

BIO and AUTM File Joint Brief Defending Patentability of DNA-Based Inventions

No. 2010-1406 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT ——————————— THE ASSOCIATION FOR MOLECULAR PATHOLOGY, THE AMERICAN COLLEGE OF MEDICAL GENETICS, THE AMERICAN SOCIETY FOR CLINICAL PATHOLOGY, THE COLLEGE OF AMERICAN PATHOLOGISTS, HAIG KAZAZIAN, MD, ARUPA GANGULY, PhD, WENDY CHUNG, MD, PhD, HARRY OSTRER, MD, DAVID LEDBETTER, PhD, STEPHEN WARREN, PhD, ELLEN MATLOFF, M.S., ELSA REICH, M.S., BREAST