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In Support of Industry-Conscious Disclosure Standards for Pharmaceutical and Biotechnology Patents
No full textOne of the fundamental requirements for a patent application is a disclosure of the invention via an accurate written description with sufficient detail to enable the recreation of the invention. The U.S. patent system has historically reviewed patent applications from various industries with a uniform set of requirements and standards. However, the biotechnology and pharmaceutical industries operate on notably extended product development timelines and face unique administrative pressures related to their products when compared with other industries. In response to these pressures, biotechnology and pharmaceutical companies have traditionally applied for patent protections through liberal use of genus claims and other strategies that allow for early and broad protection of groups of related products. However, three recent decisions by the Federal Circuit, and a subsequent appeal to the Supreme Court, have notably heightened patent disclosure requirements for technologies from these industries. This Comment discusses the Federal Circuit’s and Supreme Court’s decisions, compares these decisions to prior trends in the judiciary, and considers the potential impact of the decisions on the patent environment in the biotechnology and pharmaceutical industries. In light of the decisions’ potential impact on these industries, this Comment argues that the federal judiciary should align the disclosure standard more closely to the requirements of the Patent Act while protecting the usefulness of genus claims for the pharmaceutical and related industries
Cardozo Law News Brief: March 22, 2024
No full textFeatured Faculty: Samuel Weinstein Stewart Sterk Luis Calderon Gomez Young Ran (Christine) Kim
Campus News: Kwanza Jones, Class of 1999, Honored at 14th Annual BALLSA Celebration Cardozo’s Civil Rights Clinic Wins Fifth Circuit Appeal for Client in Police Misconduct Case Cardozo’s Entertainment Law Week Showcases Alumni Who Have Made it in the Industry
Events: The 2024 Cardozo Colloquium on Global and Constitutional Theor
End of Semester Sundae Party
No full texthttps://larc.cardozo.yu.edu/flyers-2023-2024/1144/thumbnail.jp
Legislating Courts
No full textJudges are ordinarily thought of as deciders of a specific sort: people who apply the rule of law to resolve disagreements between the parties appearing before them. But in every state, judges do far more. They are charged by state statutory or constitutional law with a range of quasi-administrative, quasi-legislative, and quasi-executive law enforcement functions. These roles raise a number of theoretical and practical concerns. In many states, though, legislatures have gone even further. They have either wholly delegated significant policymaking power to state court judges or have sat idle while those judges have assumed the mantle of functions that no state law ever gave them. Specifically, judges in states across the country have been designing and establishing specialized alternative courts like drug treatment courts, domestic violence courts, veterans courts, girls courts, and the like, all with either the most general of legislative authorization or with no legislative authorization at all. In this sense, judges have become deciders of a different sort-determining their own power, which criminal defendants will receive special(ized) treatment, and which will not, and how those efforts will be evaluated. Judges have become deciders of the very structure of a branch of state government.
My focus is on the interaction between these institutions and the rest of state government. If we are going to have specialized courts, who should make the decision to establish them? Who should design their structures, set their goals, and decide where they should operate? Who should oversee them? This essay argues that the answer to all of these questions is: state legislatures, at least in the first instance. While these judges ought to be applauded for their efforts and for devoting their energies to addressing an important social problem they encounter in their jobs every day, it is time for state legislatures to roll up their sleeves, to take a greater hand in designing these institutions with the help of subject-matter experts, to make them uniform, to oversee them, and to responsibly fund them. It is time for legislatures, rather than judges, to legislate