- After Prometheus, Are Human Genes Patentable Subject Matter?
By: Douglas L. Rogers
On April 15, 2013, the U.S. Supreme Court heard oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. on the question, “Are human genes patentable?” This article argues that human genes are not patentable and that isolating a gene from its surroundings in a human body—or creating synthetically what exists ...
- Lack of Transparency in the Premarket Approval Process for Aquadvantage Salmon
By: Michael P. McEvilly
After a lengthy premarket approval process, the Food and Drug Administration (FDA) is soon likely to deem AquAdvantage Salmon, a fast-growing, genetically engineered salmon, safe for human consumption. If approved, AquAdvantage Salmon will be the first genetically engineered animal designed for human consumption to go to market in the United States. ...
- The Promise of Priority Review Vouchers as a Legislative Tool to Encourage Drugs for Neglected Diseases
By: Lesley Hamming
Despite the intellectual property system’s success in promoting the economic well-being of the United States, this system has not achieved all socially valuable ends. Insufficient treatments are applied both to diseases endemic in developing countries, such as malaria, and rare diseases, such as rare childhood cancers. This Issue Brief reviews the existing ...
- The America Invents Act 500: Effects of Patent Monetization Entities on US Litigation
By: Sara Jeruss, Robin Feldman, & Joshua Walker
Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities, known more colorfully as patent trolls. For many years, however, discussions about non-practicing entities have been long on speculation and short on data.
In 2011 Congress directed the nonpartisan Government ...
- Cooking Protestors Alive: The Excessive-Force Implications of the Active Denial System
By: Brad Turner
The Active Denial System (ADS) is unlike any other nonviolent weapon: instead of incapacitating its targets, it forces them to flee, and it does so without being seen or heard. Though it is a promising new crowd-control tool for law-enforcement, excessive-force claims involving the ADS will create a Fourth Amendment jurisprudential paradox. Moreover, ...