USPTO-DOJ Workshop on Promoting Innovation in the Life Science Sector: Day Two Recap

The following post comes from Austin Shaffer, a 2L at Scalia Law and a Research Assistant at CPIP.  By Austin Shaffer This past fall, the Department of Justice (DOJ) and U.S. Patent and Trademark Office (USPTO) hosted day two of their public workshop to discuss the importance of intellectual property rights and pro-competitive collaborations for … Continue reading “USPTO-DOJ Workshop on Promoting Innovation in the Life Science Sector: Day Two Recap”

LeadershIP 2020: Injunctive Relief in Standard-Essential Patent Cases

The following post comes from Colin Kreutzer, a 2E at Scalia Law and a Research Assistant at CPIP. By Colin Kreutzer The LeadershIP conference is dedicated to promoting an open dialogue on global issues surrounding innovation, intellectual property, and antitrust policy. On September 10th, LeadershIP kicked off its 2020 series of virtual events with a … Continue reading “LeadershIP 2020: Injunctive Relief in Standard-Essential Patent Cases”

CPIP Roundup – August 31, 2020

Greetings from CPIP Executive Director Sean O’Connor August has seen the beginning of a highly unusual school year, but I hope everyone is continuing to stay safe. And, since even a pandemic can’t keep the world from having a busy back-to-school month, I’ll keep this month’s note short. First, we’re gearing up for The Evolving … Continue reading “CPIP Roundup – August 31, 2020”

Jonathan Barnett on the “License as Tax” Fallacy and the Real-World Benefits of Licensing

The following post comes from David Ward, a rising 2L at Scalia Law and a Research Assistant at CPIP. By David Ward “Casual metaphors can have dangerous consequences.” CPIP Senior Fellow for Innovation Policy Jonathan Barnett’s new paper, The ‘License as Tax’ Fallacy, seeks to undo what he considers to be a dangerous, casual metaphor, … Continue reading “Jonathan Barnett on the “License as Tax” Fallacy and the Real-World Benefits of Licensing”

Recent Developments in the Life Sciences: The Continuing Assault on Innovation by Antitrust Plaintiffs in Lantus

By Erika Lietzan In February, the U.S. Court of Appeals for the First Circuit held, in a direct purchaser antitrust action, that an innovative pharmaceutical company marketing an injectable drug product had “improperly listed” in FDA’s Orange Book a patent claiming a mechanism used in the drug’s delivery device. As I explain below, the ruling … Continue reading “Recent Developments in the Life Sciences: The Continuing Assault on Innovation by Antitrust Plaintiffs in Lantus

“No Combination Drug Patents Act” Stalls, but Threats to Innovation Remain

By Kevin Madigan & Sean O’Connor This week, the Senate Judiciary Committee was to mark up a bill limiting patent eligibility for combination drug patents—new forms, uses, and administrations of FDA approved medicines. While the impetus was to curb so-called “evergreening” of drug patents, the effect would have been to stifle life-saving therapeutic innovations. Though … Continue reading ““No Combination Drug Patents Act” Stalls, but Threats to Innovation Remain”

Unverified Theory Continues to Inform FTC’s Policies Toward Patent Owners

The Federal Trade Commission’s unfair competition case against Qualcomm, Inc., has now concluded. The parties gave their closing arguments on Tuesday, January 29, and all that remains is Judge Lucy Koh’s ruling. To prevail, the FTC needed to demonstrate actual, quantifiable harm. It completely failed to do so. The FTC’s complaint charged Qualcomm with using … Continue reading “Unverified Theory Continues to Inform FTC’s Policies Toward Patent Owners”

CPIP Scholars Join Comments to FTC on How Antitrust Overreach is Threatening Healthcare Innovation

On December 21, 2018, CPIP Senior Scholars Adam Mossoff and Kristen Osenga joined former Federal Circuit Chief Judge Randall Rader and SIU Law’s Mark Schultz in comments submitted to the FTC as part of its ongoing Competition and Consumer Protection in the 21st Century Hearings. Through the hearings, the FTC is examining whether recent economic … Continue reading “CPIP Scholars Join Comments to FTC on How Antitrust Overreach is Threatening Healthcare Innovation”

Department of Justice Recognizes Importance of Reliable Patent Rights in Innovation Economy

It is undeniable that the patent system has been under stress for the past decade, as courts, regulators, and even the Patent Office itself (as the newly confirmed Director Andrei Iancu has acknowledged) have sowed legal uncertainty, weakened patent rights, and even outright eliminated patent rights. This is why a series of recent speeches by … Continue reading “Department of Justice Recognizes Importance of Reliable Patent Rights in Innovation Economy”

Letter to Antitrust Chief Applauds DOJ’s New Evidence-Based Approach to IP Enforcement

A group of judges, former judges and government officials, law professors and economists with expertise in antitrust law and patent law sent a letter to Assistant Attorney General Makan Delrahim earlier today applauding his recent announcements that the Antitrust Division of the Department of Justice (DOJ) would now take a balanced, evidence-based approach in applying … Continue reading “Letter to Antitrust Chief Applauds DOJ’s New Evidence-Based Approach to IP Enforcement”