Recognizing the Limits of Government Procurement in the Pharmaceutical Industries

While recent headlines claim that rising drug prices can be easily addressed through government intervention, the procedures involved with government use of patented technologies are complex and often misunderstood. In addition to owning and practicing a vast portfolio of patents, the government has the power to procure and use patented technologies—including pharmaceutical medicines—in limited circumstances … Continue reading “Recognizing the Limits of Government Procurement in the Pharmaceutical Industries”

CPIP Scholars Join Amicus Brief Arguing that the Government Cannot Petition for CBM Review

On December 17, 2018, CPIP Senior Scholars Adam Mossoff and Kristen Osenga joined an amicus brief written on behalf of seven law professors by Professor Adam MacLeod, a CPIP Thomas Edison Innovation Fellow for 2017 and 2018 and a member of CPIP’s growing community of scholars. The brief, which was filed in Return Mail Inc. … Continue reading “CPIP Scholars Join Amicus Brief Arguing that the Government Cannot Petition for CBM Review”

Proposed Misuse of Section 1498 Relies on the False Claim that Patents Are Not Property

By Kathleen Wills* The question whether patents are property rights is a continuing and hotly debated topic in IP law. Despite an abundance of scholarship (see here, here, here, here, and here) detailing how intellectual property (“IP”) rights have long been equated with property rights in land and other tangible assets, critics often claim that … Continue reading “Proposed Misuse of Section 1498 Relies on the False Claim that Patents Are Not Property”

Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation

By Adam Mossoff, Sean O’Connor, & Evan Moore* The price of the miracle drugs everyone uses today is cause for concern among people today. The President has commented on it. Some academics, lawyers, and policymakers have routinely called for the government to “do something” to lower prices. The high prices are unsurprising: cutting-edge medical treatments are … Continue reading “Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation”