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Drugged Out: How Cognitive Bias Hurts Drug Innovation, Cynthia M. Ho
Drugged Out: How Cognitive Bias Hurts Drug Innovation, Cynthia M. Ho
San Diego Law Review
This Article hopes to provide a balanced picture of how current patent law and policy promotes mostly modest, yet high priced new drugs, as well as how cognitive biases have perpetuated this situation. This Article highlights the important interplay of cognitive biases not only by the frequently maligned industry but also previously presumed neutral parties, such as academics and policymakers. Most scholars would likely agree that considering how to optimize or at least not distort innovation is an important part of legal scholarship. However, to date, there has been little recognition, let alone robust discussion, of how patent and related …
Will The “Nexus” Requirement Of Apple V. Samsung Preclude Injunctive Relief In The Majority Of Patent Cases?: Echoes Of The Entire Market Value Rule, Daniel Harris Brean
Will The “Nexus” Requirement Of Apple V. Samsung Preclude Injunctive Relief In The Majority Of Patent Cases?: Echoes Of The Entire Market Value Rule, Daniel Harris Brean
San Diego Law Review
In eBay Inc. v. MercExchange, L.L.C., the Supreme Court put an end to the practice of presuming that injunctive relief is appropriate upon a finding of patent infringement, where it held that “the decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards.” 547 U.S. 388, 394 (2006). This decision made injunctive relief much more difficult to obtain but also attempted to maintain discretion and avoid rigid …