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.