Tag Archives: IP

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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Special 301: BIO Highlights Challenges in India

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BIO recently testified before the U.S. government on the intellectual property challenges our members face in various markets around the world. Among other matters, BIO recommended that the U.S. government designate India as a Priority Foreign Country, a designation that would lead to the consideration of trade sanctions for treaty violations. Specifically, BIO testified: “In the healthcare space, only a few dozen innovative and patent protected medicines are on the market in India. Yet, in Read More >

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Report Shows World’s Weakest IP Environments

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There is clear link between a country’s rate of economic development and the strength of its intellectual property laws. This is particularly true in knowledge-intensive sectors such as biopharmaceuticals. The good news is that some mature and emerging economies are making growing use of patent systems to facilitate biotechnology research and commercialization. The bad news is that a number of countries, including India, China, Brazil and Canada, have established bureaucratic and burdensome hurdles to patentability. Read More >

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Innovation Act Passed By House

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The Innovation Act (H.R. 3309), which is intended to reduce frivolous patent-related litigation, was passed by the House today. As we’ve noted, BIO does not support the bill in its current form, which would ultimately undermine biotech research and innovation by making it more difficult for patent holders with legitimate claims to protect their intellectual property. A number of Representatives offered amendments to the bill, several of which BIO supported. These amendments address serious shortcomings with the bill, Read More >

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Innovation Act Threatens Biotech Innovation

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BIO has grave concerns regarding the Innovation Act (H.R. 3309), as reported by the House Judiciary Committee. The Innovation Act was introduced with the goal of furthering patent system reform, particularly with respect to patent-related litigation. We support increased transparency and oppose abusive litigation tactics. However, provisions in the Act remain overly broad in important respects and, if ultimately enacted, would continue to result in too many unintended and unknowable consequences for innovators who rely on the Read More >

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