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Articles 1 - 21 of 21
Full-Text Articles in Food and Drug Law
Autumn Is Coming: A Novel Liability Theory That May Kill Pharmaceutical Evergreening, Uri Y. Hacohen
Autumn Is Coming: A Novel Liability Theory That May Kill Pharmaceutical Evergreening, Uri Y. Hacohen
Cardozo Arts & Entertainment Law Journal
Pharmaceutical evergreening-attempts by brand-name manufacturers to leverage patent rights to artificially extend legal protection for drugs-is among the most pressing and unresolved public policy challenges of our time. On July 14, 2021, in Sanofi et al. vs. Unipharm Ltd., the Israeli Supreme Court adopted a novel and internationally unprecedented legal policy to combat the evergreening pandemic. By using its equitable powers, the Israeli court empowered a generic manufacturer, Unipharm, to claim on behalf of the public interest the wrongly obtained monopoly profits that a brand-name manufacturer, Sanofi, obtained by improperly leveraging its improvement patent to impair generic market entry. This …
Trademark Enforcement And Statutory Incentives, Leah Chan Grinvald
Trademark Enforcement And Statutory Incentives, Leah Chan Grinvald
Cardozo Arts & Entertainment Law Journal
The combination of the recent U.S. Supreme Court case, Romag Fasteners v. Fossil Group, Inc., and the diamond anniversary of the Lanham Act provides good grounds to reflect on how trademark enforcement and statutory incentives have evolved through the years. Although enforcement of one's trademarks through the use of the courts can be traced back to England in the 1790s, trademark litigation and other enforcement activities have exploded, in relative terms, since the enactment of the Lanham Act in 1946. Although not subject to an easy empirical correlation, this trend suggests that the statute has had an impact on increasing …
Puff, Puff, Patent: Identifying And Addressing The Tensions Between The Medical Marijuana Industry, Patent Law, And The Controlled Substances Act, Dustin Boone
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Current Application Of The Myriad And Mayo/Alice Rulings On Patent Eligibility: Inconsistent Results And Contradistinguishing Biotechnology Products, Skye Cho
Cardozo Arts & Entertainment Law Journal
The note examines the inconsistent application of the patent eligibility framework under Section 101 of the Patent Act, particularly in biotechnology. It argues that despite efforts by the USPTO to clarify the framework through memos and examples, courts have applied it inconsistently, leading to discrimination against biotechnology products. The analysis focuses on key Supreme Court decisions, such as Myriad Genetics and Mayo, and their impact on the patent eligibility of biotechnological innovations. The note highlights the need for clearer guidance to ensure consistent outcomes and fair treatment of biotechnological inventions.
Redefining "Life": The Constitutional Implications Of Patenting Immortality, Julia Spivak
Redefining "Life": The Constitutional Implications Of Patenting Immortality, Julia Spivak
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Abilify, Brintellix, Champix: The Abcs Of Fda Proprietary Name Disputes, M. Dinora Smith
Abilify, Brintellix, Champix: The Abcs Of Fda Proprietary Name Disputes, M. Dinora Smith
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Product Hopping: Antitrust Liability And A Per Se Rule, Justine Amy Park
Product Hopping: Antitrust Liability And A Per Se Rule, Justine Amy Park
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Panel 1: False Advertising, Ashima Dayal, Jeffrey Greenbaum, Jen Lavie, Rebecca Tushnet, Brett Frischmann
Panel 1: False Advertising, Ashima Dayal, Jeffrey Greenbaum, Jen Lavie, Rebecca Tushnet, Brett Frischmann
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introductions, Tatsuya Adachi
Introductions, Tatsuya Adachi
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Examining The § 271(E)(1) Safe Harbor Of The Hatch-Waxman Act: A Legislative Proposal Granting Mandatory Post-Marketing Exceptions, Jessica Chao
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Fair Or Foul? Major League Baseball's Use Of A Tortious Interference Lawsuit As A Means Of Investigation, Michael S. Beck
Fair Or Foul? Major League Baseball's Use Of A Tortious Interference Lawsuit As A Means Of Investigation, Michael S. Beck
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Rebalancing Pay-For-Delay: Why No-Authorized Generic Agreements Should Be Subject To Higher Antitrust Scrutiny, David C. Kurlander
Rebalancing Pay-For-Delay: Why No-Authorized Generic Agreements Should Be Subject To Higher Antitrust Scrutiny, David C. Kurlander
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introduction, Justin Hughes
Introduction, Justin Hughes
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg
Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Steroid Regulation In Professional Sports: Sarbanes-Oxley As A Guide, Sarah R. Heisler
Steroid Regulation In Professional Sports: Sarbanes-Oxley As A Guide, Sarah R. Heisler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky
To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky
Cardozo Arts & Entertainment Law Journal
No abstract provided.
History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow
History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Merck V. Integra And Its Aftermath: A Safe Harbor For The Commercial Use Of Biotechnology Research Tools?, Brendan M. O'Malley
Merck V. Integra And Its Aftermath: A Safe Harbor For The Commercial Use Of Biotechnology Research Tools?, Brendan M. O'Malley
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher
Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Deaccession: Not Such A Dirty Word, Jason R. Goldstein
Deaccession: Not Such A Dirty Word, Jason R. Goldstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Protecting Plant-Derived Drugs: Patents And Beyond, Liz Hanellin
Protecting Plant-Derived Drugs: Patents And Beyond, Liz Hanellin
Cardozo Arts & Entertainment Law Journal
No abstract provided.