This Week in Intellectual Property, February 10th

This Week in Intellectual Property, February 10th

News and Commentary

A commentary from Nature analyses several proposals to reduce drug prices, including some modest reviews by the FDA of patents and exclusivity, finding that drug prices are unlikely to decline in 2020.

Michael Bloomberg has rolled out his plan on prescription drug prices. His most notable proposal is a “one-and-done” policy for drug patents, where brand-name generics get one 20-year period of exclusivity. He also wants companies using NIH research to pay the NIH royalties.

Copyright for academic works is clearly detrimental to the progress of science, but it now poses a significant public health risk. Fortunately, a group of online archivists are making as much research on the Coronavirus available, paywall-free. The Redditor in organizing the project, known as “-Archivist” said “Copyright on the health of humanity? Fuck off.”

Whether or not you agree with the RIAA’s crusade against streamers, the current strategy of trying to get search engines to de-list URLs is ineffective and largely results in shifting to different URLs in a game of online whac-a-mole.

The FDA is updating its policies for reviewing ANDAs due to high workload, including prioritizing drugs that lack sufficient generic competition or have no blocking patents.

In Real Clear Markets, John Tamny savagely dresses down China IP “theft” scaremongers and points out that despite the flaws with current forced technology transfer agreements, it remains an attractive place to do business and the simple “stealing” of ideas is in fact far more complicated than scaremongers make it out to be.

In an interesting twist to the Peloton copyright infringement suit, the company’s countersuit against rights holders for alleged price fixing was dismissed.

Jess Miers writes for Lincoln Policy about how a victory for Oracle in the Google v. Oracle case would seriously inhibit the development of software to the detriment of innovation.

This post on TechDirt goes through Drake’s recent fair use victory in the Second Circuit for his sampling of Jimmy Smith. There are some strange details over licensing, as Drake had licensed the recording, but the court found strong support for fair use in its non-precedentail decision.

In part two of the National Law Review’s IP issues to follow in 2020 series, Robert Masters, Jonathan DeFosse, and Kevin Ryan flag some likely developments in the debate over patent eligibility under Section 101.


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By |2020-02-11T13:15:47-08:00February 11th, 2020|Blog, Intellectual Property|