invention (through patents) and the clinical trials data submitted for market approval (through data exclusivity). Patent … market exclusivity on the likelihood of drug commercialization. The effect is largely driven by patent invalidations early in …

The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on … sometimes could rely instead on a consideration far more relevant to the patent system's goal of promoting innovation: the …. v. FireFly Equipment, LLC, which held that injunctive relief may be appropriate when a defendant infringes a patent that …

This article uses the FTC's October 2003 white paper on the U.S. patent system as the point of departure for a plenary … system's two most fundamental economic questions: (1) what things are patentable, and (2) what a patent protects. In each … case it demonstrates, by detailed reference to current U.S. patent law, how far the U.S. system is from providing clear …

uncertainty regarding the scope of patent protection. This article demonstrates that academics and practitioners may be confused …

Patent Office exercises regularly and effectively: technology classification. This agency-court asymmetry has persisted for … decades but has now become unmanageably problematic for two related reasons. First, Supreme Court guidance, patent reform … legislation, and academic commentary have all broadly rejected long-standing patent exceptionalism in administrative law, while …

Professor Sichelman’s article on “Purging Patent Law of Private Law Remedies” offers a welcome and useful perspective … on the reform of patent remedies. In this comment I critique some of his assumptions regarding the “private” nature of … patent and other remedies, then turn to discussing several examples of existing and underutilized tools, such as “reverse …

This Article presents an original empirical methodology to identify which patent laws will best promote optimal … incentives to innovate for society. Vociferous debates over patent reform pit the United States’ largest innovation industries … against each other in a dispute concerning whether stronger or weaker patent rights are necessary to promote innovation. Past …