West Virginia College of Law professor S. Sean Tu published new scholarship in the New England Journal of Medicine. The article is titled "Clearing Dense Drug-Patent Thickets ". Professor Tu's co-authors are: Bernard Chao, University of Denver Sturm College of Law; Ryan Whalen, University of Hong Kong; and Aaron S. Kesselheim, Brigham and Women’s Hospital. The article was published online by the journal on November 27, 2024 and subsequently in print on December 12, 2024.
From the abstract:
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.
