BIO Files Amicus Brief on Case Addressing Unfairness or Imbalance in Post-Grant Proceedings at PTO (U.S. Court of Appeals for the Federal Circuit)

BIO and the Pharmaceutical Research and Manufacturers of America (PhRMA) filed an amicus brief in Virnetx Inc. v. The Mangrove Partners Master Fund, Ltd., Apple Inc., and Black Swamp IP, LLC at the U.S. Court of Appeals for the Federal Circuit.

Biotechnology and pharmaceutical businesses and entrepreneurs rely on the validity and enforceability of their patents to develop innovative products to address unmet medical needs, increase crop yields, and fight disease, hunger, and pollution. Without the promise of effective and predictable patent rights, the investment in the development of these products would be far more difficult – if not impossible – to undertake.

BIO and PhRMA are interested in the outcome of the case because they have a strong interest in preventing unfairness or imbalance in post-grant proceedings at the Patent and Trademark Office (PTO), including instances where such proceedings are improperly instituted or multiple parties improperly joined to the detriment of the patent owner. BIO and PhRMA urge the court to hold that non-compliance with the one-year time limit for properly filing an IPR petition set forth in 35 U.S.C. § 315(b) bars a petitioner from being joined to an ongoing IPR under 35 U.S.C. § 315(c).