Foley Hoag Files Amicus Brief for Biotechnology Industry Organization
Boston, MA - July 8, 2008
Lawyers in Foley Hoag’s Intellectual Property Group prepared an amicus brief on behalf of its client, the Biotechnology Industry Organization (BIO), submitted today to the U.S. Court of Appeals for the Federal Circuit in the Amgen v. Hoffmann-LaRoche appeal.
The case concerns the standards for granting injunctions in patent cases. It represents one of the first post-eBay v. MercExchange cases challenging a court’s grant of injunctive relief against the launch of a competing infringing product into an established market. BIO’s brief addresses a single issue before the Federal Circuit: whether district courts should weigh, as a public interest factor sufficient to override the grant of an exclusive patent right, the possibility of price competition and lower drug prices resulting from an infringer’s entry into the market for a patented drug. BIO’s brief argues that doing so would “misapply the Supreme Court’s decision in eBay, wreak havoc on investment and innovation in the field of biotechnology, and contradict national health policy and the intent of Congress.”
For copies of the brief, click here. For comment please contact Don Ware and Barbara Fiacco.
CATEGORIES
Healthcare, Life Sciences, Business, Government Strategies, Intellectual Property Litigation, Intellectual Property, Patent