The Federal Circuit recently held in the en banc Abbott Laboratories v. Sandoz, Inc. decision that a product claim that includes process elements is infringed only if the accused infringer practices process steps recited in the claim, resolving a long-standing split of authority between its...

This Article argues that courts have created a de facto extra-statutory condition of patentability, herein termed the “completeness” requirement. This requirement bars patents on certain inventions whose chief value lies in their function as inputs into downstream research. The Article...

One aspect of Justice Stephen Breyer’s discomfort with patents, as expressed in his opinion for the Supreme Court in Mayo v. Prometheus and his dissent from the order dismissing certiorari in LabCorp v. Metabolite, is strikingly similar to one of his critiques of copyright law in The Uneasy...

It is not uncommon for multiple parties in the stream of commerce — manufacturers, distributors, end users — to be involved in the infringement of a single patent. Yet courts continue to struggle with such scenarios. Attempts to deal with them — particularly when plaintiffs asserted...

This essay responds to and builds on "Economic Theory, Divided Infringement, and Enforcing Interactive Patents," an article published by Professor Keith Robinson. In his article, Professor Robinson analyzed liability under various tests courts have developed to address the so-called "divided...

Pharmaceutical companies often replace prescription drugs that are already on the market with modified versions that have the same active pharmaceutical ingredient. On the surface, such activity seems benign and perhaps even salutary. Nonetheless, antitrust litigation has revealed that firms...

Less than a handful of casebooks are truly open source, in the sense of being fully modifiable. Patent Law: An Open-Source Casebook is the first patent law casebook that provides adopting professors, students, and others the ability to fully modify its contents. This file comprises the casebook...