The United States has recently — and belatedly — come to recognize opioid addiction as a public health crisis. What has gone mostly unrecognized is the degree to which this crisis is intertwined with U.S. intellectual property law and related elements of U.S. innovation policy. Innovation...

A number of antitrust cases have challenged firm conduct associated with the introduction of a new product. Several are in the pharmaceutical industry and have earned the moniker of “product hopping.” Other cases involve the design of interfaces that defeat interoperability and the supply of...

The modern law of induced patent infringement contradicts the Patent Act and violates the First Amendment. As currently applied, the law unconstitutionally restricts speech, discourages the entry of generic drugs, and helps keep medicine prices high. Under current doctrine, a generic drugmaker...