Fresenius v. Baxter: BIO files Amicus Brief in Federal Circuit
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 to expend considerable time and resources litigating matters that may ultimately become moot. Such uncertainty would not be conducive to innovation or investment.