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Patent Theory

[Archived Post] Flawed Marginal Cost Theory Should Not Be Applied to Intellectual Property

Recent calls for the government to lower prescription drug prices by overriding patent rights include proposals for the establishment of a marginal cost pricing system in the pharmaceutical industry (and in patent-based markets in general). As a previous article in this series details, some academics and advocates are now suggesting that the government use a […]

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Copyright

[Archived Post] Arts & Entertainment Advocacy Clinic Students File Amicus Brief in Brammer v. Violent Hues

By Rachelle Mortimer & Grant Ossler* The Arts & Entertainment Advocacy Clinic at Antonin Scalia Law School recently filed an amicus brief in the Brammer v. Violent Hues case that is on appeal in the Fourth Circuit. The Clinic provides a unique opportunity for students interested in intellectual property and entertainment law. Each semester, students […]

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Innovation Patent Law Pharma

[Archived Post] A Cure Worse Than the Disease? Proposed Changes to European Patent Law are Threatening Pharmaceutical Innovation

Innovation is all around us. We love and appreciate the latest video games, software apps, and smartphones. We await the integration of self-driving cars and other forms of artificial intelligence. Beyond the gadgets and luxuries we think we can’t live without, there are even more essential products that affect the lives of millions around the […]

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Patent Law Patent Theory

[Archived Post] Proposed Misuse of Section 1498 Relies on the False Claim that Patents Are Not Property

By Kathleen Wills* The question whether patents are property rights is a continuing and hotly debated topic in IP law. Despite an abundance of scholarship (see here, here, here, here, and here) detailing how intellectual property (“IP”) rights have long been equated with property rights in land and other tangible assets, critics often claim that […]

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Copyright Innovation Patent Law

[Archived Post] VIDEOS: Panel Presentations from the CPIP 2018 Fall Conference

On October 11-12, 2018, CPIP hosted its Sixth Annual Fall Conference, IP for the Next Generation of Technology, at Antonin Scalia Law School, George Mason University, in Arlington, Virginia. After the breakthrough technology that gave us the mobile technology revolution of the past fifteen years, another leap forward in technology is about to break out […]

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Innovation Patent Law

[Archived Post] Proposal for Drug Price Controls is Legally Unprecedented and Threatens Medical Innovation

By Adam Mossoff, Sean O’Connor, & Evan Moore* The price of the miracle drugs everyone uses today is cause for concern among people today. The President has commented on it. Some academics, lawyers, and policymakers have routinely called for the government to “do something” to lower prices. The high prices are unsurprising: cutting-edge medical treatments are […]