Patent Trolling - Why Bio & Pharmaceuticals Are at Risk
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Patent Trolling - Why Bio & Pharmaceuticals Are at Risk
University of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at Riskharmaceuticals Are at RiskRobin FeldmanUniversity of California, Hastings College of the Law. feldmanr@uchastmgs.eduw. Nicholson Price IIUniversity of Michigan Law School, wnp@umich.eduAvailable at: https://repository.law.umich.edu/articles/2284Follow this and additional works at: https://repository Patent Trolling - Why Bio & Pharmaceuticals Are at Risk.law.umich.edu/articles(f Part of the Health Law and Policy Commons, Intellectual Property Law Commons, and the Science and Technology Lav/ CommonsRecPatent Trolling - Why Bio & Pharmaceuticals Are at Risk
ommended CitationFeldman, Robin and w. Nicholson Price II. "Patent Trolling - Why Bio & Pharmaceuticals Are at Risk.’ Stanford Technology Law Review 1University of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at Riskarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact mlaw.repository@umich.edu.PATENT TROLLING—WHY BIO & PHARMACEUTICALS ARE AT RISKRobin Feldman IE Nicholson Patent Trolling - Why Bio & Pharmaceuticals Are at Risk Price IIPatent trolls—also known variously as non-practicing entities, patent assertion entities, and patent monetizes—are a top priority on legislatPatent Trolling - Why Bio & Pharmaceuticals Are at Risk
ive and regulatory reform agendas. In the modem debates, however, the biopharmaceutical industry goes conspicuously unmentioned. Although biopharmaceuUniversity of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at Riskows that the conventional wisdom is wrong, both theoretically and descriptively. In particular, the article presents a ground-breaking study of the life science holdings of 5 major universities to determine if these might be attractive to monetizes.This was deliberately a light, rather than an exhau Patent Trolling - Why Bio & Pharmaceuticals Are at Riskstive, search. Nevertheless, we identified dozens of patents that could be deployed against current industries. These include patents on active ingredPatent Trolling - Why Bio & Pharmaceuticals Are at Risk
ients of drugs; methods of treatment; screening methods to identify new drugs; manufacturing methods; dosage forms; and ancillary technologies that coUniversity of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at Risker to undertake this analysis, we lost sleep over whether the potential for harm outweighed the potential benefit. If reform efforts are not undertaken, our work could do no more than provide a handy road map for those who would follow. However, with scattered anecdotal evidence suggesting that mone Patent Trolling - Why Bio & Pharmaceuticals Are at Risktization is moving into biopharmaceuticals, life sciences trolling is predictable and in its infancy. If reforms are implemented before the problem prPatent Trolling - Why Bio & Pharmaceuticals Are at Risk
oliferates, legislators and regulators could cabin the activity before it becomes deeply entrenched and too much harm occurs.Word count: 16.729 words University of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at Riskof California Hastings College of the Law. Nicholson Price is an Academic Fellow at the Petrie-Flom Center for Health Law Policy. Biotechnology and Bioethics at Harvard Law School. We wish to thank Ben Rom and Glenn Cohen for helpfill comments, and David Pratt of m-Cam Inc for assistance with identi Patent Trolling - Why Bio & Pharmaceuticals Are at Riskfying and collecting university patents. We are also grateful for the excellent research assistance provided by Alex Shank and Timothy Yim. All errorsPatent Trolling - Why Bio & Pharmaceuticals Are at Risk
are our own.2PATENT TROLLINGPatent Trolling: Why bio & PHARMACEUTICALS ARE AT RISKIntroductionPatent trolling is at the top of legislative and regulaUniversity of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at Risk of executive orders and recommendations for Congress.1 Members of Congress were already showing interest in addressing the issue. A variety of bills have been introduced: the Chairmen of both the House and Senate Judiciary Committee have introduced bills on litigation reform, with hearings in the f Patent Trolling - Why Bio & Pharmaceuticals Are at Riskall of 2013? In addition, subcommittees of the Senate Energy Committee and the House Energy & Commerce Committee have held hearings on pre-litigationPatent Trolling - Why Bio & Pharmaceuticals Are at Risk
reform. The proposals address different aspects of a complex problem that will need to be addressed on many levels across a long period of time.On theUniversity of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at Riskn entities. Under Section 6(b), the FTC has the power to conduct wide-ranging economic snidies of businesses and practices that affect commerce.' The FTC action followed a joint workshop held by the Federal Trade Commission and the Department of Justice in December of 2012 on the antitrust implicati Patent Trolling - Why Bio & Pharmaceuticals Are at Riskons of patent assertion entities.4 The Patent and Trademark Office has initiated its own proposals, focused largely on sunshine rules. The PTO activitPatent Trolling - Why Bio & Pharmaceuticals Are at Risk
ies follow its own workshop in January' of1Executive office of the President. Patent Assertion and U.S. Innovation (June 2013). (nailable ar http: WWWUniversity of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at Riskh Patent Issues (June 04. 2013). available ar http://www.whitehouse.gov/the-pfess-otfice 2013 06 w fact-sheet-white-house-task-force-higlt-tech-patent-issues.2Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013. H R. 845. 113th Cong' (2013): End Anonymous Patents Act. H.R. 2024. 11 Patent Trolling - Why Bio & Pharmaceuticals Are at Risk3th Cong. (2013): Patent Quality Improvement Act of 2013. s. 866. 113th Cong. (2013): Patent Abuse Reduction Act of 2013. s. 1013. 113th Cong. (2013);Patent Trolling - Why Bio & Pharmaceuticals Are at Risk
Patent Litigation and Innovation Act of 2013. H.R. 2639. 113th Cong. (2013): Stopping the Offensive Use of Patents Act. H.R. 2766. 113th Cong. (2013)University of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & Ph Patent Trolling - Why Bio & Pharmaceuticals Are at RiskPLANNING. FTC. HISTORY OF SECTION 6 Report-Writing AT THE Federal Trade Commissions 19S1) [hereinafter History of § 6], available ar http: Avww.ftc.gov/be ecompt'231984.pdf.4Press Release. Dept, of Justice. Department of Justice Federal Trade Commission to Hold Workship on Parent Assertion Entity Ac Patent Trolling - Why Bio & Pharmaceuticals Are at Risktivates (Dec. 7. 2012). available at Imp: /WWW justice.gov. atr public pressreleases'2012'289873.him.Electronic copy available at http://ssrn.com/abstPatent Trolling - Why Bio & Pharmaceuticals Are at Risk
ract=2395987WHY BIO Ẵ- PHARMA ARE AT RISK32013. as well as the White House directives.5University of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & PhUniversity of Michigan Law SchoolUniversity of Michigan Law School Scholarship RepositoryArticlesFaculty Scholarship2014Patent Trolling - Why Bio & PhGọi ngay
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