Tag Archives: federal circuit

Nautilus v. Biosig, Baxter v. Fresenius and Limelight v. Akamai

Supreme Court

BIO weighed in on three Supreme Court cases in the last few months whose outcome could change the IP landscape for biotechnology companies. BIO’s amicus brief in Nautilus v. Biosig Instruments argues that the petitioner misrepresents the Federal Circuit’s definiteness test and seeks to litigate an issue not properly before this court.  Petitioner’s approach radically departs from established law and practice.  Finally the petitioner’s approach would destabilize the patent system as it would inject substantial Read More >

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Fresenius v. Baxter: BIO files Amicus Brief in Federal Circuit

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The Biotechnology Industry Organization filed an amicus brief at the Federal Circuit in the case of Fresenius v. Baxter: BIO is concerned that the panel decision could have a number of unintended consequences, such as incentivizing defendants (or declaratory judgment plaintiffs) to employ dilatory tactics in the federal courts while re-arguing already-decided issues under claim construction more favorable to the patent challenger and lower burden-of-proof standards in the PTO.  Courts and parties may be forced Read More >

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