Patents as Property for the Takings
Robin Feldman * Download a PDF version of this article here. The Fifth Amendment’s Compensation Clause contains only a few simple words: “nor shall private property be taken for public…
Preventing Preemption: Promise of the Nonobviousness Requirement
Ananya Pillutla* Download a PDF version of this article here. Preemption is a foundational concern of the patent system. Preemption occurs when a patent improperly claims a fundamental scientific or…
Pharmaceutical Patent Two-Step: The Adverse Advent of Amarin v. Hikma Type Litigation*
S. Sean Tu** & Charles Duan*** Download a PDF version of this article here. Pharmaceutical companies have long sought to maintain exclusivity over market drugs in a myriad of ways…
Unpacking Coasian ‘Red Boxes’: Universities and Commercialization
Andrew P. Morriss* & Roger E. Meiners** Download a PDF version of this article here. In The Nature of the Firm, Ronald Coase explains how firms represent a suspension of…
JIPEL Vol. 11 – No. 3
Our Spring 2022 Issue—Volume 11, Issue 3—considers intellectual property debates happening across the world. We begin in India, where a pending copyright case threatens access to academic literature. Authors M…
The Author Series: Ep. 3 – Trademarks, Trade Dress, and the Patient Costs of Pharmaceutical Branding
Professor Sam Halabi from Georgetown Law joins us to discuss his new piece featured in the latest issue of JIPEL. This thought-provoking discussion highlights a little-discussed area of intellectual property…
Trademarks, Trade Dress, and the Patient Costs of Pharmaceutical Branding
Sam F. Halabi* Download a PDF version of this article here. Watch our third episode of The Author Series featuring Professor Halabi here. While the high cost of prescription drugs…
Anti-Suit Injunctions and Jurisdictional Competition in Global FRAND Litigation: The Case for Judicial Restraint
Jorge L. Contreras* Download a PDF version of this article here. The proliferation of international jurisdictional conflicts and competing “anti-suit injunctions” in litigation over the licensing of standards-essential patents has…
Does Anybody See What I See?: Abandoned Patents and Their Impacts on Technology Development
Richard Gruner* Download a PDF version of this article here. Is anybody there? Does anybody care? Does anybody see what I see?† Most patented advances are ultimately abandoned by their…
JIPEL Vol. 11 – No. 2
Our Fall 2021 Issue—Volume 11, Issue 2—contains three articles that challenge current perceptions and practices in our intellectual property system. The articles not only offer rich analyses but also propose…