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Full-Text Articles in Law

The 2009 H1n1 Swine Flu Pandemic: Reconciling Goals Of Patents And Public Health Initiatives, Michelle Kaplan Mar 2010

The 2009 H1n1 Swine Flu Pandemic: Reconciling Goals Of Patents And Public Health Initiatives, Michelle Kaplan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


"Obvious To Try": A Proper Patentability Standard In The Pharmaceutical Arts?, Andrew V. Trask Jan 2008

"Obvious To Try": A Proper Patentability Standard In The Pharmaceutical Arts?, Andrew V. Trask

Fordham Law Review

Pharmaceutical research often entails making small modifications to candidate drug molecules--modifications that might be deemed “obvious to try”--and then studying the largely unpredictable, yet critical, resulting biological effects. Recognizing this characteristic unpredictability, the U.S. Court of Appeals for the Federal Circuit has traditionally upheld the patentability of obvious-to-try pharmaceutical inventions. This approach has been challenged, however, by the U.S. Supreme Court's 2007 decision in KSR International Co. v. Teleflex Inc. This Note reviews the history of the obvious-to-try test and considers the Federal Circuit's post-KSR inconsistency regarding obviousness in the pharmaceutical arts. This Note argues that KSR does not permit …


Should Preemption Apply In A Pharmaceutical Context? An Analysis Of The Preemption Debate And What Regulatory Compliance Statutes Contribute To The Discussion, Jennifer A. Surprenant Jan 2008

Should Preemption Apply In A Pharmaceutical Context? An Analysis Of The Preemption Debate And What Regulatory Compliance Statutes Contribute To The Discussion, Jennifer A. Surprenant

Fordham Law Review

Should the Food and Drug Administration (FDA)’s determination that a product is safe negate a private litigant’s cause of action under state law in all circumstances, unless the FDA determines that the manufacturer withheld relevant information regarding the safety of the product? This Note concludes that such federal preemption is proper because the FDA is fully capable of making a determination regarding the adequacy of the information disclosed by a pharmaceutical manufacturer without state interference. Additionally, such interference on the state level hinders the FDA’s objectives and effective functioning. Thus, determinations about the adequacy of the information provided to the …


The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy Jun 2006

The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Settlements Between Brand And Generic Pharmaceutical Companies: A Reasonable Antitrust Analysis Of Reverse Payments, Anne-Marie C. Yvon, Ph.D. Jan 2006

Settlements Between Brand And Generic Pharmaceutical Companies: A Reasonable Antitrust Analysis Of Reverse Payments, Anne-Marie C. Yvon, Ph.D.

Fordham Law Review

No abstract provided.


Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg Jan 2003

Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg

Fordham Law Review

No abstract provided.


Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge Oct 1999

Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Pharmaceuticals: Test Bed For European Themes On Trademarks And The Free Movement Of Goods, Ian S. Forrester, Anne N. Nielson Oct 1997

Pharmaceuticals: Test Bed For European Themes On Trademarks And The Free Movement Of Goods, Ian S. Forrester, Anne N. Nielson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.