By Kristen Osenga Cross-posted with permission from Professor Osenga’s December 8, 2025, LinkedIn article I’ve seen a lot of misinformation circulating online lately about patents and their role in drug prices. Some articles – like this one – claim that so-called “patent thickets” are an abusive strategy drug companies use to keep prices high. The […]
Category: Patent Law
By Michael Doane The CEO of a small technology-based company with many groundbreaking patents in its field once asked me what the point was of obtaining patents when the company simply did not have the resources to enforce them. Although patents provide many benefits, the ability to enforce them against infringers is paramount. Patent infringement […]
IPPI has submitted formal comments to the U.S. Department of Commerce regarding its Section 232 investigation of pharmaceutical imports, cautioning against imposing tariffs on medicines and their ingredients. In our submission, IPPI scholars Mark Schultz, Emily Michiko Morris, and Joshua Kresh explain that imposing such tariffs would have severe negative consequences for American patients, healthcare […]
By Kristen Jakobsen Osenga As the 118th Congress drew to a close at the end of 2024, there was a spate of intellectual property activity on Capitol Hill. I was fortunate enough to be part of one of these exciting events. On December 18, 2024, the IP Subcommittee of the Senate Judiciary Committee held a […]
By Keith Mallinson It was my pleasure to participate in a panel session on “SEP Current & Proposed Regulations” last month at the George Mason University Antonin Scalia Law School Center for Intellectual Property x Innovation Policy (C-IP2) Annual Fall Conference entitled “The Importance of Exclusive Rights.” The other panelists were Angela Barr, Mark Cohen, […]
By Kristen Osenga I recently had the pleasure of participating in a panel on third-party litigation funding (TPLF), which was part of the Annual Fall Conference at George Mason University’s Center for Intellectual Property x Innovation Policy. The panel included experts from both industry and academia, highlighted the growing debate around TPLF, and crystallized why […]
By Emily Michiko Morris & Douglas Park The high cost of some pharmaceuticals is a complex issue, but the Federal Trade Commission’s (FTC’s) most recent criticism of pharmaceutical patents’ role is misguided. The FTC has criticized the listing of drug product device patents in the FDA’s “Orange Book,” a listing of patents related to various […]
By Emily Michiko Morris and Joshua Kresh Executive summary: Many critics of pharmaceutical companies argue that they abuse the patent system through “evergreening” or “thickets” to increase the amount of time they can avoid generic competition and keep drug prices high. Those critics have not looked at the real-world effects of pharmaceutical patents on generic […]
The following post comes from Jack Ring, a 3L at Scalia Law and a Research Assistant at C-IP2. On April 15, 2024, C-IP2 scholars and contributors to 5G and Beyond: Intellectual Property and Competition Policy in the Internet of Things met for a live-streamed book launch event.[2] Professor Jonathan Barnett, one of the books two […]
The following post comes from Jack Ring, a rising 2L at Scalia Law and a Research Assistant at C-IP2. I. INTRODUCTION In a previous blog post, we discussed the dispute surrounding standard essential patents (SEPs) between Philips and Thales. That dispute included an investigation before the United States International Trade Commission (ITC).[1] As part of […]