Author Archives: Gerald Barnett

The failed Bayh-Dole bargain, 4

Finally, we reach Xtandi. The authors provide the pricing of $156,000 per year, but don’t point out that generic manufacturers have offered to produce Xtandi for $3 per pill–or about $4,300 per year. There’s a claim that Astellas has spent $1.4 … Continue reading

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The failed Bayh-Dole bargain, 3

We are working through a new article on Bayh-Dole march-in, written by two PhD patent attorneys. In its way, the article is more puff piece than law review, drawing its frame from the sources chosen, not much looking at the … Continue reading

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The failed Bayh-Dole bargain, 2

We are working through an article about the possibility that the federal government might use march-in to address unreasonable pricing for Xtandi. The case for march-in is as strong as any could be. But to get at this issue, our … Continue reading

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The failed Bayh-Dole bargain, 1

Dr. Rebecca McFadyen and Dr. Tara Nealey–both working for an IP law firm–have published an article “Will old Bayh-Dole be taught new tricks?” Me, Dr. Barnett–not working for an IP law firm–thinks they have got it wrong. Consider: Before 1980 … Continue reading

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WTF is the Bayh-Dole Coalition’s “What is the Bayh-Dole Act”?–2

We have worked over the Bayh-Dole Coalition’s account of the statute. Sure, Bayh-Dole is a complicated mess, but that’s no excuse for getting the law so wrong, with such a lack of consistency and careful distinction. But there it is. … Continue reading

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WTF is the Bayh-Dole Coalition’s “What is the Bayh-Dole Act”?–3

[This article published before I finished it! — so there will be updates as I add citations and discussion.] We have been through the Bayh-Dole Coalition’s nonsense about Bayh-Dole. I’ve provided some brief comments. Now let’s work through some of … Continue reading

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WTF is the Bayh-Dole Coalition’s “What is the Bayh-Dole Act?”–1

Here is the “Bayh-Dole Coalition” on “What is the Bayh-Dole Act?” I will quote, mark up, and then comment briefly. There is more to write, but here’s enough to show that the Coalition has no grasp of the law, or … Continue reading

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Lessons from The Sound of Innovation: Lesson 1, On the Border

In The Sound of Innovation: Stanford and the Computer Music Revolution, Andrew J. Nelson recounts how John Chowning and others developed digital music while working in between the cracks of computer science, music, and electrical engineering. Nelson emphasizes this situation … Continue reading

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A very short primer on reasonable price

Joe Allen writes this: “Price was not something march-in rights were ever meant to control, and wielding them this way would be a misuse of the law and it would kill Bayh-Dole.” This is nonsense. Allen provides no evidence for … Continue reading

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Bayh-Dole, Competition, Reasonable Terms, and March-in (Short Version)

How are competition, reasonable terms, and march-in related in Bayh-Dole? Here is the short version. Bayh-Dole stipulates that a contractor must timely achieve practical application of a subject invention and must reasonably satisfy public health needs in doing so. 35 … Continue reading

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