Amicus Briefs

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.
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.
_________________ 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 _________________
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.
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
BIO urges the Court of Appeals for the Federal Circuit to exclude the disclosure of the patent specification to support a finding of double-patenting.
BIO urges the Court of Appeals for the Federal Circuit to adopt a new rule that better accounts for the public interest in valid and clear patent rights than the inequitable conduct doctrine.