West Virginia College of Law professor  S. Sean Tu recently published new opinion piece in JAMA. The article, titled  "Recent Patent Reform Bills and Their Implications for Prescription Drugs," is co-authored by Professor Tu with researchers at Program On Regulation, Therapeutics, And Law (PORTAL) at Harvard Medical School where Professor Tu is a visiting professor.  It was published online by the journal on January 13, 2023.

The article discusses three bills expected to be re-introduced in Congress this session with implication for intellectual property law: the Patent Eligibility Restoration Act of 2022 (S. 4734), the Interagency Patent Coordination and Improvement Act of 2022 (S. 4430), and the Patent Examination and Quality Improvement Act of 2022 (S. 4704). 

West Virginia University College of Law professor S. Sean Tu recently published new scholarship in IDEA: The Law Review of the Franklin Pierce Center for IP. The article is titled "Antibody Claims and the Evolution of the Written Description / Enablement Requirement" and appeared in volume 63, issue 1 of the journal in January 2023. Professor Tu co-authored the article with Christopher M. Holman of the University of Missouri-Kansas City School of Law.

From the abstract:

West Virginia College of Law professor S. Sean Tu recently published new scholarship in  JAMA Internal Medicine. The article, titled "Frequency of Approval and Marketing of Biosimilars With a Skinny Label and Associated Medicare Savings" is co-authored by Professor Tu with researchers at Program On Regulation, Therapeutics, And Law (PORTAL) at Harvard Medical School where Professor Tu is a visiting professor.  It was published online by the journal on November 28, 2022.

The journal editors simultaneously published an Editor's Note highlighting the importance and impact of the issues addressed by Professor Tu and co-authors in their article: "Savings Associated With “Skinny Label” Biosimilars."

West Virginia College of Law professor S. Sean Tu published new scholarship in the New England Journal of Medicine. The article, titled "Product Hopping in the Drug Industry — Lessons from Albuterol" is co-authored by Professor Tu, Olivier J. Wouters, Ph.D. of the London School of Economics and Political Science, and William B. Feldman, M.D., D.Phil., M.P.H. of Brigham and Women’s Hospital and Harvard Medical School.  It was published online by the journal on September 24, 2022 and will subsequently appear in print on September 29, 2022.

Find more of Professor Tu's scholarship on SSRN.

This week, West Virginia College of Law professor Sean Tu published an op-ed in the Los Angeles Times with co-authors Michael A. Carrier and Charles Duan. The op-ed, titled "Prevent a legal catch-22 that could push thousands of generic drugs off the market" appeared on September 21, 2022 and follows the filing of an amicus curiae brief by the authors in Teva Pharmaceuticals v. GlaxoSmithKline, No. 22-37. The United States Supreme Court will hear arguments in the case this forthcoming Ocobter 2022 term.

A summary of Brief of 42 Professors of Law, Economics, Business, and Medicine as Amici Curiae in Support of the Petition follows: