BIO, PhRMA Back Call For Fed. Circ. To Broaden AIA Estoppel

Law360, New York (February 10, 2017, 9:23 PM EST) -- Two major drug industry groups urged the Federal Circuit Thursday to expand the reach of the America Invents Act inter partes review estoppel provision, arguing that lower courts have read it too narrowly and are wrongly allowing patent challengers to relitigate invalidity arguments in court.

The Biotechnology Innovation Organization and Pharmaceutical Research and Manufacturers of America filed an amicus brief supporting Illumina Inc.’s petition for a writ of mandamus, which argues that district judges are not using the estoppel provision to bar as many arguments as...
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