BIO as Amicus Curiae supporting en banc reconsideration in Prolitec, Inc. v. ScentAir Technologies, Inc. (US Court of Appeals for the Federal Circuit)

 

STATEMENT OF INTEREST OF AMICUS CURIAE

The Biotechnology Innovation Organization (“BIO”) (formerly: Biotechnology Industry Organization) is the principal trade association representing the biotechnology industry domestically and abroad. BIO’s members depend on robust patent rights and a fair system for adjudicating their validity, including the ability to amend claims in inter partes review (IPR). Accordingly, the question of who has the burden of proof, and what must be proved, before a claim amendment can be entered in IPR is of great importance to BIO’s membership.