Patentable subject matter is a hot topic. Congress is considering changing the law. Is this needed? Maybe not. Come hear former Patent office head Joe Matal discuss.
02.03.2026 22:57
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Patentable subject matter is a hot topic. Congress is considering changing the law. Is this needed? Maybe not. Come hear former Patent office head Joe Matal discuss.
@charlesduan.bsky.social, @akesselheim.bsky.social, Sean Tu and I filed a brief urging the Supreme Court to open the “skinny label” pathway to generic competition that the Federal Circuit has effectively closed. To the 76 professors who signed the brief, thank you!
papers.ssrn.com/sol3/papers....
...In recent years, the Federal Circuit has restricted this pathway, and the Supreme Court will soon consider the issue. In this essay, I discuss the harms of restricting skinny labels. papers.ssrn.com/sol3/papers....
When brand firms obtain patents covering one, but not a second, use of a drug, the generic can enter on the second use. Such a “skinny label” allows the generic to avoid litigation and more quickly enter the market, lowering prices for consumers...
Excited to see @mcarrier.bsky.social and my essay about PBMs' creation of private-label biosimilars, their competitive effects, and the potential antitrust issues involved now published in the Yale Journal of Health Policy, Law, and Ethics. yaleconnect.yale.edu/get_file?pid... 1/2
It's a timely topic of interest to policymakers - the private-label biosimilar topic, in addition to other PBM behaviors that have been in the news, came up at Wednesday's E&C hearing on the role of the prescription drug supply chain in affordability. 2/2 bsky.app/profile/rach...
...it threatens to forestall even greater price reductions and harm long-term competition and innovation. We also explore potential antitrust claims including self-preferencing, exclusive dealing, collusion, and unfair competition.
papers.ssrn.com/sol3/papers....
Many have criticized pharmacy benefit managers (PBMs). But one activity has flown below the radar: PBMs’ introduction of private-label biosimilars in which they have an interest. @rachelsachs.bsky.social and I explain how, even if this reduces prices in the short term...
"The fast-changing nature of these markets — which is especially the case given recent improvements in artificial intelligence — raises hurdles...”
#RutgersLaw Prof. @mcarrier.bsky.social says the government has been facing an “uphill climb” with breaking up Big Tech: https://bit.ly/49hzVVS #lawsky
What will happen with Netflix’s proposed acquisition of Warner Bros.? I discuss the antitrust possibilities…
The US solicitor general urged SCOTUS to review ‘skinny labeling’ and generic drug access. #RutgersLaw Prof. @mcarrier.bsky.social explains why a second consecutive decision not to review the issue “will discourage generics from pursuing this path": www.statnews.com/pharmalot/20...
#lawsky
@mcarrier.bsky.social and @derekslater.bsky.social explain how copyright's competition-promoting tools can be used to combat Big Tech's monopoly power and foster a robust AI marketplace. www.lawfaremedia.org/article/worr...
Honored to win the Antitrust Task Force Chair's Writing Award for my article with Victoria Field, PBMs: The Hidden Actor Behind Product Hopping.
Every time the #NCAA gets a new bad legal idea, there’s a law review article waiting on the topic. As the NCAA is again discussing restraining athlete transfers, @mcarrier.bsky.social and I already have an article expressing why the restraints violate antitrust law:
papers.ssrn.com/sol3/papers....
In a piece just published in the Notre Dame Law Review, @marklemley.bsky.social & I argue that courts are confused about how to apply the rule of reason and explain the importance of a four-step test that includes balancing of costs and benefits. papers.ssrn.com/sol3/papers....
Honored to receive the “Outstanding Sports and Entertainment Law Paper” from the Academy of Legal Studies in Business for the paper Marc Edelman and I wrote: “Of Labor, Antitrust, and Why the Proposed House Settlement Will Not Solve the NCAA’s Problem.” papers.ssrn.com/sol3/papers....
▶️ #RutgersLaw Professor @mcarrier.bsky.social spoke in a recent Dept. of Justice/Federal Trade Commission listening session on "Lowering Americans Drug Prices Through Competition." In this video, he gives background on cases of 'product hopping.' : www.justice.gov/opa/video/do...
#lawsky
Rutgers Law Professor @mcarrier.bsky.social comments on an article by William Feldman which discusses various anticompetitive behavior including "patent thickets" and "product hopping": pmc.ncbi.nlm.nih.gov/articles/PMC...
#lawsky
Can we get a big Texas yeehaw?! The Lone Star State just signed the seventh state Right to Repair law for electronics. It’s also the first electronics repair law to pass in a state led by a Republican, but we’re only surprised it took this long.
For @axios.com health care roundtable, I discuss bipartisan legislation that would lower drug prices.
www.axios.com/2025/06/17/a...
And another..."Notice pleading requires fair notice to defendants. It can’t be reasonably argued that Deere is scratching its metaphorical head and muttering, 'I wonder what the Governments are complaining about?'”
Court denies Deere's motion with colorful language. I've discussed concerns with abuse of consumers' right to repair...https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4200736
And another..."Notice pleading requires fair notice to defendants. It can’t be reasonably argued that Deere is scratching its metaphorical head and muttering, 'I wonder what the Governments are complaining about?'”
Court denies Deere's motion with colorful language. I've discussed concerns with the abuse of the "right to repair"...https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4200736
#RutgersLaw Professor @mcarrier.bsky.social weighs in and says appeals and more lawsuits are expected👇
#lawsky
The NCAA settlement is big news but, as @profmarcedelman.bsky.social & I explain, doesn’t provide antitrust immunity. Why? Because unlike professional sports leagues, no union = no antitrust exemption.
Patentees can abuse standards to “hold up” an industry. And even if they promise to reasonably license their patents, these commitments have been evaded through “patent pools.” David Katz and I discuss.
Why is the law unclear on agreements by which brand firms pay generics to delay entry? Some say because of a 2013 Supreme Court decision. Based on a comprehensive review of the caselaw, Ed Bank and I highlight another reason: the settlement of antitrust challenges to these agreements before verdict.
As the court decides whether to approve the college-athlete settlement in House v. NCAA, the settlement’s salary cap will not be immune from future antitrust lawsuits. Marc Edelman & I explain...
Collections of patents known as pools can offer benefits but also can harm competition. The Avanci pool covering the auto industry reflects the latter, with Brian Scarpelli, Priya Nair, and I explaining how the pool’s concessions in a UK hearing are at odds with what it has told the industry.
