Law Commons^™

Eviscerating Patent Scope, Shahrokh Falati

Articles & Chapters

The scope of patent claims directed to inventions in the field of pharmaceuticals and biotechnology has been stumped by the Court of Appeals for the Federal Circuit’s recent jurisprudence on 35 U.S.C. § 112. Specifically, the application of a heightened test for enablement of claims to a genus of compounds with functional limitations or a genus of therapeutic antibodies, coupled with an increasingly broader application of the written description doctrine, has resulted in considerable uncertainty in the biopharmaceutical industry. The Federal Circuit’s shift in interpreting 35 U.S.C. § 112 contravenes the statute and Supreme Court precedent by splitting the singular …

10th Annual Pegalis Law Group Health Law Colloquium, New York Law School

Health Law Society Publications

Federalism, ERISA, and State Single-Payer Health Care. How to Make Sense of Future Legislation and the Impact on Population Health

(CLE Presentation on Oct. 24th 2019)

Moderator:

Adam S. Herbst, Esq., Senior Vice President, Chief Legal and Strategic Planning Officer of Blythedale’s Children Hospital; Adjunct Professor at New York Law School teaching Health Law and Policy; Co-director of the NYLS Health Law and Patient Safety Project; Lecturer, Mailman School of Public Health at Columbia University

Panelists:

Honorable Richard N. Gottfried, New York State Assembly (District 75) & Chairman of the Assembly's Committee on Health and Sponsor of …

Punishment Without Process: Victim Impact Proceedings For Dead Defendants, Bruce Green, Rebecca Roiphe

Articles & Chapters

After Jeffrey Epstein committed suicide in jail, two judges allowed his accusers to speak in court. This article argues that the proceedings were inappropriate because the criminal case ends when the defendant dies. If the conviction and appeal are not final, there is no finding of guilt, and the defendant is still presumed innocent. Allowing accusers to speak at this time violates the principle of due process and threatens to undermine faith in judges and the criminal justice system in general. While courts are at times legally required to hear from victims of crimes, they were not allowed to do …

Fall 2018 Health Law Symposium, New York Law School

Health Law Society Publications

Materials for CLE Program -

VERTICAL AND HORIZONTAL INTEGRATION IN HEALTH CARE AND HEALTH COVERAGE

South Africa’S Historic Silicosis Class Action: Why The Settlement Matters, Penelope Andrews

Other Publications

No abstract provided.

Pegalis & Erickson Health Law Colloquium, New York Law School

Health Law Society Publications

Examining the Intersection of Law and Bioethics in 2013.

The American legal system has played a dramatic role in shaping the field of bioethics. The dynamic intersection of law and bioethics is a fruitful area of inquiry for purposes of knowledge generation, policy making and best practices. Reflecting a diversity of perspectives, this CLE will examine the crucial connection between law and matters bioethical in 2018. The program will include a focus on clinical decision making, palliative and end-of-life care, dispute resolution, medical and social science research, and informed consent and decision making.

Cancer's Ip, Jacob S. Sherkow

Articles & Chapters

The state of publicly funded science is in peril. Instead, new biomedical research efforts — in particular, the recent funding of a “Cancer Moonshot” — have focused on employing public-private partnerships, joint ventures between private industry and public agencies, as being more politically palatable. Yet, public-private partnerships like the Cancer Moonshot center on the production of public goods: scientific information. Using private incentives in this context presents numerous puzzles for both intellectual property law and information policy. This Article examines whether—and to what extent — intellectual property and information policy can be appropriately tailored to the goals of public-private partnerships. …

Thomas: ‘Don’T Drink The Water’: Act Now To Stop The Indefinite Detention Of Immigrant Children, Claire R. Thomas

Other Publications

No abstract provided.

Patent Law's Reproducibility Paradox, Jacob S. Sherkow

Articles & Chapters

Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies appear to be irreproducible; their results cannot be verified by outside researchers. This is problematic for not only scientific reasons but legal ones: patents grounded in irreproducible research appear to fail their constitutional bargain of property rights in exchange for working disclosures of inventions. The culprit is likely patent law’s doctrine of enablement. Although the doctrine requires patents to enable others to make and use their claimed inventions, current difficulties in applying the doctrine mitigate or even actively dissuade reproducible data in patents. This Article assesses the difficulties …

God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin

Articles & Chapters

Interpretations of the General Comments to the Convention on the Rights of Persons with Disabilities (CRPD) — that command the abolition of the insanity defense and the incompetency status — make no theoretical or conceptual sense, disregard the history of how society has treated persons with serious mental disabilities who are charged with crime, and will lead to predictable torture of this population in prison, at the hands of both prison guards and other prisoners. Such interpretation also flies in the face of every precept of therapeutic jurisprudence. Support of this position exhibits a startling lack of understanding of the …

Medical Malpractice And The Mind-Blowing Hypocrisy Of Obamacare Repeal, Joanne Doroshow

Other Publications

No abstract provided.

The Rise Of Ethical License, Christi Guerrini, Margaret Curnette, Jacob S. Sherkow, Christopher Scott

Other Publications

The Broad Institute's recent licensing of its gene editing patent portfolio demonstrates how licenses can be used to restrict controversial applications of emerging technologies while society deliberates their implications.

Patent Protection For Microbial Technologies, Jacob S. Sherkow

Articles & Chapters

Microbial technologies often serve as the basis of fundamental research tools in molecular biology. These present a variety of ethical, legal and social issues concerning their patenting. This commentary presents several case studies of these issues across three major microbiological tools: CRISPR, viral vectors and antimicrobial resistance drugs. It concludes that the development of these technologies—both scienti cally and commercially—depend, in part, on the patent regime available for each, and researchers’ willingness to enforce those patents against others.

Big Pharma Worms Its Way Into Congress’ Medical Malpractice Bill, Joanne Doroshow

Other Publications

No abstract provided.

Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

In spite of the Supreme Court’s decisions in Ford v. Wainwright (1986), Atkins v. Virginia (2002), and Hall v. Florida (2014), persons with severe psychosocial and intellectual disabilities continue to be given death sentences, in some cases leading to actual execution. Although the courts have been aware of this for decades -- dating back at least to the infamous Ricky Rector case in Arkansas -- these base miscarriages of justice continue and show no sign of abating. Scholars have written clearly and pointedly on this issue (certainly, more frequently since the Atkins decision in 2002), but little has changed.

I …

Innovations In Food Equity: Business And Community Together, New York Law School Racial Justice Project

Racial Justice Project

Food deserts are urban and rural communities with no or severely limited access to fresh, healthy, and affordable food. In the United States, approximately 23.5 million people live in food deserts. This report focuses on five for-profit grocery and food establishments that have implemented promising business initiatives to combat food deserts: (i) Brown Super Stores; (ii) Whole Foods Market; (iii) Wegmans; (iv) Juices for Life; and (v) Walmart. It dissects the initiatives that these establishments have used to provide fresh food to their communities and, as a result, how they have helped combat food deserts. By doing this, we hope …

Case No. 13 - Delay In Diagnosing A Left Breast Malignant Tumor That Was 7 X 9 Cm. At Diagnosis, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Delay in Diagnosing a Left Breast Malignant Tumor that was 7 x 9 cm. at Diagnosis

Case No. 9 - Death Following Iatrogenic Bowel Perforation After Endoscopic G.I. Procedures, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Death following Iatrogenic Bowel Perforation after Endoscopic G.I. Procedures

Case No. 8 - Perinatal Asphyxia Brain Injury With Fetal Growth Restriction, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Perinatal Asphyxia Brain Injury with Fetal Growth Restriction

Case No. 15 - Preterm Cervical Funneling And Incompetent Cervix Leading To A Preterm Birth, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Preterm Cervical Funneling and Incompetent Cervix Leading to a Preterm Birth

Case No. 10 - Post Cardiac Bypass Tamponade Producing Cardiac Arrest And Brain Damage, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Post Cardiac Bypass Tamponade Producing Cardiac Arrest and Brain Damage

Case No. 1 - Anoxic Encephalopathy In A 7 Year Old Experiencing Hemorrhagic Shock Following Liver Biopsy, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in a 7 year old Experiencing Hemorrhagic Shock following Liver Biopsy

Case No. 4 - Anoxic Encephalopathy Associated With A "High Spinal" Affect During Cesarean Delivery, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy Associated with a "High Spinal" Affect during Cesarean Delivery

Case No. 5 - Paraplegia And Spinal Cord Signs Following A Breech Extraction, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Case - Paraplegia and Spinal Cord Signs Following a Breech Extraction

Case No. 7 - Postpartum Maternal Death Associated With Pulmonary Edema And Severe Anemia In A Patient With Preeclampsia, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Postpartum Maternal Death Associated with Pulmonary Edema and Severe Anemia in a Patient with Preeclampsia

Case No. 14 - Pprom, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - PPROM

Case No. 3 - Anoxic Encephalopathy In 3 Year Old With A Cardiac Arrest During Orthopedic Surgery Under General Anesthesia For A Broken Elbow, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in 3 year old with a Cardiac Arrest During Orthopedic Surgery under General Anesthesia for a Broken Elbow

Case No. 6 - Perinatal Complications With Eclampsia, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Perinatal Complications with Eclampsia

Introduction - Fact Patterns From Anonymous Closed Medical Liability Cases, Steven E. Pegalis J.D., Irwin R. Merkatz M.D.

Anonymous Closed Medical Liability Cases

Introduction to the anonymous closed medical liability cases. New York Law School's Patient Safety Project was granted special permission by the New York State Office of Court Administration to obtain and make available these closes cases for the purpose of stimulating "diligent conversations" about the fact patterns so that the discussions can positively impact the safety processes and reduce the future incidence of patient injury.

Case No. 2 - Preventable Maternal Death Due To Hemorrhage, New York Law School

Anonymous Closed Medical Liability Cases

Anonymous Closed Medical Liability Case - Preventable Maternal Death Due to Hemorrhage