BIO Files Amicus Brief on Case Addressing the America Invents Act’s Joinder Provision

BIO filed an amicus brief in Proppant Express Investments, LLC, Proppant Express Solutions, LLC, v. Oren Technologies, LLC in front of the Patent Trial and Appeal Board.

BIO members devote billions of dollars annually to researching and developing biotechnological healthcare, agricultural, environmental, and industrial products to cure diseases, improve food security, create alternative energy sources, and deliver many other benefits. However, these products typically require lengthy, costly, and resource-intensive research and development.

In light of these investments, BIO’s members depend upon a stable, predictable, and transparent patent system encouraging patent-holders to maintain and enforce strong patents. In particular, BIO’s members have a significant interest in ensuring the America Invents Act’s joinder provision, 35 U.S.C. § 315(c), is interpreted as Congress intended, and that only proper parties can join an existing inter partes review (IPR) proceeding.