The West Virginia University College of Law Research Paper Series published Volume 11, Issue 3 on December 15, 2023. The following authors were featured for their new scholarship recently published to SSRN:
Anne Marie Lofaso, Under the Sarbanes–Oxley Act, Must Whistleblower–Employees Prove Their Employer Acted With Retaliatory Intent?, No. 2023-018
West Virginia College of Law professor S. Sean Tu recently published a new opinion piece in JAMA. The article, titled "Biologic Patent Thickets and Terminal Disclaimers," is co-authored by Professor Tu with Rachel Goode (Fresenius Kabi USA) and William B. Feldman (Brigham and Women's Hospital). It was published online by the journal on December 14, 2023.
The article discusses "terminal disclaimers", or stipulations added to patent applications that the follow-on patent will expire at the same time as the original. Professor Tu analyzed the use and timing of terminal disclaimers in all biologic patents involved in litigation from 2010 to 2023.
West Virginia University College of Law professor S. Sean Tu recently published two new Research Letters in JAMA. Both were published online on Nevember 13, 2023 and appear in volume 330, issue 21 of the journal.
"Ancillary Product Patents to Extend Biologic Patent Life" is co-authored with Rachel Goode (Fresenius Kabi USA) and William B. Feldman (Brigham and Women's Hospital). "Inequitable Conduct and Invalidation of Patents Related to Food and Drug Administration–Regulated Products" is co-authored with Carolnie Leadmon (WVU), C. Joseph Ross Daval and Aaron S. Kesselheim (both of Brigham and Women's Hospital).
West Virginia University College of Law professors Amy Cyphert and Sean Tu will publish new scholarship with co-author Sam Perl (Carnegie Mellon University) in an upcoming volume of the Colorado Technology Law Journal. The article is titled "Artificial Intelligence Cannibalism and the Law" and is available now on SSRN: https://papers.ssrn.com/abstract_id=4622769.
From the abstract:
New scholarship by West Virginia University College of Law professor S. Sean Tu appears in Clinical Pharmacology & Therapeutics, a journal published by the American Society for Clinical Pharmacology & Therapeutics. The article is titled "Preserving Timely Generic Drug Competition with Legislation on “Skinny Labeling”. Professor Tu co-authored the work with Aaron S. Kesselheim of Brigham and Women’s Hospital and Harvard University.
From the abstract:
