Amici Curiae of BIO and PhRMA in ePlus Inc. v. Lawson Software

In view of the far reaching implications of the Federal Circuit’s decision for the nation’s patent system, The Biotechnology Industry Organization (“BIO”) and the Pharmaceutical Research and Manufacturers of America (“PhRMA”) join in support of ePlus, Inc.’s petition for a writ of certiorari.

 

The biotechnology and biopharmaceutical industries rely heavily on patents to produce and protect innovations and have a disproportionately positive impact on the United States economy. For example, biopharmaceutical companies invest more than 12 times the amount in research and development per employee than manufacturing industries overall. Consistent with Supreme Court Rule 37.6, no counsel for a party authored this brief in whole or in part, and no party or counsel for a party made a monetary contribution intended to fund the preparation or submission of this brief. No party to this case is a member of BIO or PhRMA. Counsel for each party have filed a blanket consent to the filing of amicus briefs. Counsel for each party also received notice at least 10 days before the due date of the amici’s intention to file this brief. 

 

Accordingly, laws and policies that affect patent and other intellectual property rights should be crafted to encourage, rather than discourage, continued investment in future innovations. Despite the costs, member companies are dedicated to discovering new and better products that improve the lives of Americans. But it is imperative that such discoveries are protected by patent rights that reward and incentivize the substantial time, financial investment, and intellectual capital involved in making those products available.4 This case is about the need for finality in disputes between patent owners and infringers, finality that cannot be eradicated by an agency decision well after the dispute between the owner and the infringer has been judicially resolved.