Topic
Patent Law
Posts
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Online2021
The Case for Banning Off-Label Use
New uses for drugs that are already on the market could help treat hundreds of diseases and thousands of people; however, the current system…
Christian Wolfgram -
Online2021
A Matter of “Principal”: A Critique of the Federal Circuit’s Decision in Arthrex v. Smith & Nephew, Inc.
Abstract The Supreme Court recently granted certiorari in United States v. Arthrex. In that case, the Court of Appeals for the Federal Circuit held that administrative…
Patrick J. Sobkowski -
ArticleVol. 94 · Iss. 4
Patent-Ineligibility as Counteraction
Today, normative debates over restrictions on patent-eligibility are uniformly premised on a discrimination theory of patent-ineligibility: the restrictions are assumed to cause the patent…
Kevin Emerson Collins -
ArticleVol. 94 · Iss. 3
Bitproperty and Commercial Credit
In the past several years, the growth of virtual property in today’s economy has been explosive. The everyday use of virtual assets, ranging from…
Christopher K. Odinet -
ArticleVol. 95 · Iss. 2
Innovation Snowballing and Climate Law
Findings at the frontier of economics suggest startling implications of an under-appreciated fact about technological development: innovation builds on itself, developing path dependencies in…
Zachary Liscow & Quentin Karpilow -
ArticleVol. 96 · Iss. 4
Patenting the Unexplained
It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply…
Sean B. Seymore -
NoteVol. 96 · Iss. 3
Patent Infringement in Personalized Medicine: Limitations of the Existing Exemption Mechanisms
Mr. X suffers from recurrent glioblastoma, a type of deadly brain cancer. One of his physicians reads a study reporting a novel immunotherapy, which…
Jiyeon Kim -
NoteVol. 96 · Iss. 2
Filling the Jurisprudential Gap: “Regular and Established Place of Business” After In Re Cray, Inc.
Since the nineteenth century, specific venue rules for patent infringement suits have existed in federal law. The current version of the “Patent Venue Statute”…
David A. Serati -
ArticleVol. 96 · Iss. 2
Patents and the First Amendment
Patents are intended as a means of promoting innovation through private pecuniary incentives. But the patent system has for some time been on a…
Dan L. Burk -
ArticleVol. 96 · Iss. 1
Balancing the Conspiracy’s Books: Inter-Competitor Sales and Price-Fixing Cartels
Price fixing is antithetical to a free-market economy. Competitive markets supply goods and services to consumers at the lowest efficient prices. Unfortunately, many businesses…
Christopher R. Leslie -
NoteVol. 92 · Iss. 1
The Use of Merger Analysis Techniques to Assess the Competitive Effects of Reverse Payment Settlements
Reverse payment settlements, in which a brand drug manufacturer makes a payment to a generic drug manufacturer in exchange for the generic manufacturer delaying…
Michael Toomey -
ArticleVol. 92 · Iss. 1
Social Innovation
This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance,…
Peter Lee