Vedder Thinking | Articles Thomas J. Kowalski, Deborah L. Lu Publish “Judicial Activism” in Bloomberg Law Reports
Thomas J. Kowalski and Deborah L. Lu, Shareholders and members of Vedder Price’s Intellectual Property practice group, published “Judicial Activism: A Biotech Patent Perspective” in the October 6, 2011 issue of Bloomberg Law Reports: Intellectual Property.
The article explains how the law in biotech and pharma patenting has acted like a pendulum. When major biotech and pharma patents became difficult to obtain due to the U.S. Patent and Trademark Office’s interpretation of patent law, the judiciary seemed to step in, and there was an upswing in biotech and pharma patenting. When the demand for legislative action to curtail biotech and pharma patenting subsequently grew, the judiciary again stepped in, with cases such as Ariad Pharms., Inc. v. Eli Lilly & Co., and Association for Molecular Pathology v. Myriad Genetics, Inc. and their progeny demonstrating what the authors refer to as judicial activism.
Read the entire article “Judicial Activism: A Biotech Patent Perspective” by clicking the link below and in the October 6, 2011 issue of Bloomberg Law Reports: Intellectual Property.