BIO Files Amicus Brief Supporting Supreme Court Review of Provisions that Protect Patent Owners in PTAB Review Proceedings

BIO filed an amicus brief supporting Supreme Court review of the time-bar and joinder provisions governing patent review proceedings in the Patent Trial and Appeal Board (PTAB). BIO’s brief argues that time-barred patent challengers, who themselves would be precluded from seeking administrative patent invalidation, should not be permitted to circumvent the statutory protections for patent owners by instigating, and then joining, third-party patent challenges.