faculty scholarship BLOG 

West Virginia College of Law professor  S. Sean Tu recently published a new opinion piece in JAMA. The article, titled  "Extent of Drug Patents With Terminal Disclaimers and Obviousness-Type Double Patenting Rejections," is co-authored by Professor Tu with Aaron S. Kesselheim, MD, JD, MPH, of the Program on Regulation, Therapeutics, and Law at Brigham and Women’s Hospital and Bernard Chao, JD of the University of Denver Sturm College of Law. It was published online by the journal on August 12, 2024.

The article discusses patent holders' responses to "obviousness-type double patenting rejections," the use of terminal disclaimers, and the impact on large portfolios of secondary patents or "patent thickets."

West Virginia University College of Law professor S. Sean Tu recently participated in a virtual panel discussion on patent reform and the affordability and accessibility of prescription drugs. The event was organized by the R Street Institute and held on July 24, 2024. Professor Tu was joined on the panel by Wayne Broug, R Street Institute, and Tahir Amin, Co-founder and CEO of Initiative for Medicines, Access, and Knowledge. The discussion was moderated by Canyon Brimhall, R Street Institute. 

Watch the panel discussion online now:    

West Virginia University College of Law professor S. Sean Tu recently published a new article in Nature Biotechnology. The article, titled "The cost of drug patent expiration date errors," analyzes the impact of errors in the US Patent and Trademark Office’s automated program to calculate patent expiration dates on drug prices. Professor Tu co-authored with work with Dinis Cheian, Sarah Gabriele, Benjamin N. Rome & Aaron S. Kesselheim. It was published online by the journal on July 17, 2024.

Find more of Professor Tu's scholarship on  SSRN.

West Virginia College of Law professor  S. Sean Tu recently published a new article in Nature Biotechnology The article, titled& "Biologic patent challenges under the America Invests Act," is co-authored by Professor Tu with Victor L. Van de Wiele and Aaron Kesselheim, both of the Program on Regulation, Therapeutics, and Law at Brigham and Women’s Hospital.  It was published online by the journal on March 15, 2024.

West Virginia College of Law professor S. Sean Tu recently published a new opinion piece in JAMA. The article, titled  "Patents on Risk Evaluation and Mitigation Strategies for Prescription Drugs and Generic Competition," is co-authored by Professor Tu with Ameet Sarpatwari, PhD, Sajeev Kohli, and Aaron S. Kesselheim, MD, JD, MPH, all of the Program on Regulation, Therapeutics, and Law at Brigham and Women’s Hospital.  It was published online by the journal on February 22, 2024.

The article discusses the impact of patents held by manufacturers on risk evaluation and mitigation strategies or "REMS."  REMS may be required by the FDA to mitigate risks associated with certain prescription drugs.  Professor Tu and co-authors discuss the prevalence of REMS patents and their effect on delaying generic competition.