Patent

Publications

ITC Policy Project Series: The Little-to-Big Problem, Part I
William Jenks

One aspect of International Trade Commission (ITC) practice that never ceases to astound the casual reader is the number of complainants, particularly non-practicing entities (NPEs), that use the ITC…

Event: Public Interest Patent Law Institute: Starting a Patent Policy Nonprofit
Charles Duan

About the Series
Patent policy is a small but fast-moving and exciting field of public interest law, spanning artificial intelligence, health care, human genetics, telecommunications, and more. In…

, Law360
Study Claims Diagnostics Innovation Isn’t Tied To Investments
Charles Duan

How much investor funding goes into diagnostics research and development is a poor way of judging whether U.S. Supreme Court decisions on patent eligibility have discouraged the development of new…

Growth in medical diagnostics has occurred without patents
Corie Whalen

WASHINGTON (Nov. 2, 2022) — A new report published today by senior fellow in technology and innovation policy, Charles Duan, examines concerns around innovation in the medical diagnostics industry…

Patent Eligibility And Diagnostic Testing
Charles Duan

Introduction 
Medical diagnostics have been squarely in the eye of the hurricane in debates over patent eligibility law. After the Supreme Court’s decision in Mayo Collaborative Service v….

, Rutgers Law School
Brief of 42 Professors of Law, Economics, Business, and Medicine as Amici Curiae in Support of the Petition: Supreme Court brief in Teva Pharmaceuticals v. GlaxoSmithKline (2022)
Charles Duan

Abstract
“Skinny labels” allow generics to reach the market quickly by disclaiming a drug’s patented uses.

This brief supporting Teva’s cert petition argues that the Federal Circuit’s…

, R Street Institute
Event: The ITC and Patent Abuse: The Competition Issue No One Is Talking About
Wayne Brough & William Jenks

While the 117th Congress has spent months debating competition issues from the “big tech” antitrust bills to the CHIPS Act, lawmakers have overlooked a significant…

Administrative Patent Challenges and Drug Prices
Charles Duan

Introduction

Patents figure prominently in the policy conversation over skyrocketing drug prices and the increasing unaffordability of American health care. Commentators have raised questions…

Patent challenges can help lower drug prices and create new generic options
Ann Phelan

WASHINGTON (Sept. 21, 2022) –– A new policy report published today by R Street Institute Senior Fellow, Charles Duan, analyzes the administrative pathway for challenging drug patents before the…

ITC Policy Project Series: Understanding the U.S. International Trade Commission, Intellectual Property and Patents
William Jenks

R Street has long been interested in both U.S. intellectual property law and U.S. trade policy. R Street’s International Trade Commission (ITC) Policy Project studies the ITC, which stands at…

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