Strong enforcement of patent rights is especially critical to growth in the biotechnology industry

The biotechnology industry specifically argues that in their industry, the risks of their products and innovation require a patent system that will adequately protect their interests.10 1 The primary asset of these biotechnology companies are their patents. 102 Obviously protecting these patents is important to earning a payback for the high-cost of research and development aimed at the high rewards of promoting health, longevity and well-being.103 Without an ability to place injunctions on infringers as a general rule, the right to exclude will become meaningless. 10 4 Therefore, many of these biotechnology firms will not be able to attract the capital necessary to fund the research and development required for new medicines and treatments.105 The two examples below demonstrate the importance of investment in the biotechnology industry: (1) Nektar Therapeutics. The company's reliance on a single patent raised $1.2 billion in financing from outside investors. 106 (2) AlphaVax. AlphaVax patented a technology that is not anticipated to be approved for use until 2011.107 The company must attract investors who will risk millions of dollars on the chance this therapy will reach the marketplace.108 The company, as well as the investors, must have confidence in their patent's ability to provide a predictable right to exclude.