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Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq Aug 2012

Will Fda Data Exclusivity Make Biologic Patents Passé?, Vincent J. Roth Esq

Vincent J Roth Esq

Much controversy has ensued over the current 12 year data exclusivity period afforded biosimilars pursuant to the Biologics Price Competition and Innovation Act of 2009 (the “BPCI”) that was recently enacted in March 2010, as part of President Obama’s Patient Protection and Affordable Care Act (the “PPACA”), to create a biosimilar market in the US. In fact, the BPCI, itself, has been controversial and just barely survived judicial scrutiny when the US Supreme Court upheld the PPACA on June 28, 2012 in a 5-4 vote. Many commentators speculate whether data exclusivity will overtake patents as the preferred method of ...


Beyond Patents: The Supreme Court’S Evolving Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Evolving Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan Aug 2012

Beyond Patents: The Supreme Court’S Relationship With The Federal Circuit, Daniel Kazhdan

Daniel Kazhdan

Federal Circuit scholars have begun to notice a shift in the way the Supreme Court interacts with the Federal Circuit when it comes to patent questions. Scholars point to the fact that in recent years the Supreme Court reviews the Federal Circuit more frequently and more harshly. The Court also criticizes the Federal Circuit for being too formalistic and too eager to expand its jurisdiction. What scholars have failed to note is that these trends are occurring across the entirety of the Federal Circuit’s decisions, and not just with regards to patent questions. This suggests that there is something ...


Genomics Unbound: The Bright Future Of Genetic Testing And Therapy In Light Of Prometheus, Fazal Khan, Lindsay Kessler Apr 2012

Genomics Unbound: The Bright Future Of Genetic Testing And Therapy In Light Of Prometheus, Fazal Khan, Lindsay Kessler

Fazal Khan

This article sets out why gene patents are detrimental to society and further explains why the Supreme Court’s decision in Prometheus unfetters the field of genomics from thirty years of bad precedent. Certain vested interests in the biotechnology industry have long argued that gene patents are needed to promote innovation and ultimately benefits the public interest. However, using Myriad’s breast cancer gene patents on BRCA1 and BRCA2 as a case study, this article argues the opposite. Essentially, gene patents stifle research, impede patient access to affordable testing, and set back the development of new therapies. In addition, this ...


Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz Jan 2012

Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz

John R. Allison

Using both univariate comparisons and multiple regression techniques, we find that: (1) Internet patents and their two subtypes, broad Internet business models and narrower Internet business techniques, were litigated at a far higher rate than other (non-Internet patents, or NIPs)—they were between 7.5 and 9.5 times more likely to end up in infringement litigation, depending on the model we used. (2) Within the category of Internet patents, those on business models were litigated at a significantly higher rate than those on business techniques. (3) Across both Internet patents and NIPs, patents issued to small entities, especially individuals ...