BIO Files Amicus Brief Supporting Rehearing of Case Addressing Patent Rights and America Invents Act (AIA) at the U.S. Court of Appeals for the Federal Circuit

BIO filed an amicus brief in support of a petition to rehear Helsinn Healthcare S.A. v. TEVA Pharmaceuticals USA, Inc., TEVA Pharmaceutical Industries Ltd. at the U.S. Court of Appeals for the Federal Circuit.

Because modern biotechnological products commonly involve lengthy, resource- and investment-intensive development periods, BIO members depend heavily on robust patent rights and a fair system for adjudicating their validity. Accordingly, it’s important to have certainty regarding the types of transactions and what must be publicly disclosed about those transactions to qualify as invalidating activities under the on-sale bar of the America Invents Act (AIA).