BIO Files Amicus Brief Urging Harmonization of Federal Court Frameworks for Determining Patent Obviousness in Patent Litigation

BIO filed an amicus brief in the U.S. Court of Appeals for the Federal Circuit on an important and recurring question concerning the framework for determining patent obviousness in patent litigation. BIO argues that courts, when considering whether a patent meets the statutory “nonobviousness” requirement, should consider all evidence for and against the patent’s validity together at the same time. Courts should not use only part of the evidence to conclude that the patent is invalid and then shift the burden to the patent owner.