Category Archives: Bayh-Dole

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”?–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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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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Bayh-Dole is a competition and technology transfer statute

The Bayh-Dole Coalition, a lobbying front for pharma and university patent administrators, claims that Bayh-Dole is a “tech transfer statute” that would be misused if federal agencies used its march-in provisions to address drug pricing. If companies cannot price-gouge, they … Continue reading

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Undermining Bayh-Dole by relying on it? 6

We are done with Reimers’s op/eds. Reimers makes things up. Reimers grossly distorts Bayh-Dole. It’s politics, so that’s what people often do. Reimers doesn’t expect any consequences if he is caught out. But we don’t have to believe his fakery. … Continue reading

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