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Articles by Adam Mossoff
The Real Evergreening Problem in Drug Patent Policy: I-MAK’s Inaccurate and Unreliable Drug Patent Claims
For well over 50 years, U.S. policymakers have debated the cost of healthcare. These debates have produced numerous laws and regulatory initiatives aimed at lowering healthcare prices for patients.[1] In recent years, though, the debate has focused on drug patents due to claims that they cause higher prescription drug prices.
Fresenius Says to Congress, ‘Do as I Say Not as I Do’ on Drug Patents
“[I]f lawmakers fall for [Goode’s] misdirection, fewer lifesaving drugs will reach American patients in the coming years.” Congress frequently seeks advice from experts in a wide variety of industries. In theory, this expert testimony helps lawmakers craft better, more nuanced legislation. Sometimes these “expert” witnesses aren’t especially knowledgeable.
Blaming Patents Won’t Lower Drug Prices
Congress is considering a bill that could deter billions of dollars of medical research investments, undermining U.S. global leadership as a healthcare innovator and harming U.S. patients That’s not Congress’s intent, of course. Lawmakers are trying to fix perceived abuses of the patent system that — supposedly — block cheaper generic drugs from reaching the market, thus keeping medicine prices needlessly high for decades.
Blaming Patents Won’t Lower Drug Prices
Congress is considering a bill that could deter billions of dollars of medical research investments, undermining U.S. global leadership as a healthcare innovator and harming U.S. patients That’s not Congress’s intent, of course. Lawmakers are trying to fix perceived abuses of the patent system that — supposedly — block cheaper generic drugs from reaching the market, thus keeping medicine prices needlessly high for decades.
AI, Productivity, and Labor Markets: A Review of the Empirical Evidence
ICLE Issue Brief Executive Summary Generative artificial intelligence (AI) has diffused with unusual speed since late 2022. By late 2024, nearly 40% of U.S. adults ages 18–64 reported using AI tools, a pace that exceeds comparable stages for personal computers and the internet.
End the war on patents; they don't cause high drug prices | Guest column
Americans have long complained about drug prices. Politicians have promised to solve this problem, and anti-patent activists have created a simple story for the solution: drug patents cause high drug prices. Thus, Congress can lower drug prices by changing the patent laws. kAmvC@FAD =:<6 E96 x?:E:2E:G6 7@C |65:4:?6D[ p446DD[ 2?5 z?@H=6586 Wx\|pzX 2DD6CE E92E 5CF8 4@>A2?:6D 23FD6 E96:C A2E6?ED E@ 3=@4< 4962A6C 86?6C:4 5CF8D] x\|pz D2JD @?
Adam Mossoff on the Orange Book and Pharma Patents
ICLE Affiliate Adam Mossoff was quoted in a Bloomberg Law piece about the effects of a US Court of Appeals for the Federal Circuit ruling on drugmaker patents: The 1984 Hatch-Waxman Act created the system that governs how brand-name drugs and their generic competitors are approved and litigated in the US.
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The Librarian of Congress Should Support the Founders’ Goal of Protecting American Creators
Today, even with President Trump’s victory, leftist elites have their tentacles in every aspect of our government. The Daily Signal’s own Tyler O’Neil exposes this leftist cabal in his new book, The Woketopus: The Dark Money Cabal Manipulating the Federal Government. In this book, O’Neil reveals how the Left’s NGO apparatus pursues its woke agenda, maneuvering like an octopus by circumventing Congress and entrenching its interests in the federal government.
Commissioner for Patents Takes 'Fork in the Road' and Resigns from PTO
IPWatchdog LIVE Moves to March in 2025: Click for details IPWatchdog has learned that Commissioner for Patents Vaishali Udupa has notified the United States Patent and Trademark Office (USPTO) that she is resigning effective immediately. Udupa has submitted her resignation in order to take advantage of the deferred resignation program —known as Fork in the Road— offered by President Donald J. Trump to federal workers in an email on January 28, 2025.
CAFC Affirms PTAB’s Obviousness Finding Despite Erroneous Claim Construction
IPWatchdog LIVE Moves to March in 2025: Click for details “The CAFC said the patent’s consistent use of precise language to reference a compound form…plus the specification’s reference to tungsten as a singular component and the prosecution history all suggest that the claim term’s reference to ‘tungsten’ on its own indicates elemental tungsten.” The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a decision marked precedential that found the Patent Trial and Appeal Board...
Reject the Biden Administration's Eleventh-Hour Patent Power Grab
IPWatchdog LIVE Moves to March in 2025: Click for details “The historical and economic data is clear.
Adam Mossoff on Drug Patents and Affordability
ICLE Academic Affiliate Adam Mossoff was quoted by IPWatchdog from his U.S. Senate Judiciary Committee testimony on the role of patents in the prescription-drug prices. You can read the full piece here. Professor Adam Mossoff of the Antonin Scalia Law School, George Mason University and Jocelyn Ulrich, Vice President, Policy & Research for PhRMA, were the two pro-patent witnesses on the panel.
Adam Mossoff on High School Students Debating IP Rights
ICLE Academic Affiliate Adam Mossoff was quoted by IPWatchdog in a story about intellectual-property rights being chosen as the topic for the 2024-2025 debate competition by the National Federation of State High School Associations (NFHS). You can read the full piece here.
Hands Off Bayh-Dole: Biden Administration Should Not Kill This ‘Golden Goose’ of Innovation | Opinion
Sometimes Congress does something right, and one example is the Bayh-Dole Act of 1980. This bipartisan patent law is widely recognized as one of the great legislative achievements of the past 60 years. It has massively boosted innovation and economic growth by incentivizing researchers and universities to commercialize their new inventions by, paradoxically, removing them from public control by the government.
Intellectual Property and Biopharmaceuticals: Implications of Changes in US Protections for Clinical Data and Technology
The Biden administration and members of Congress have proposed reducing protections on intellectual property to lower drug prices. However, these policies could affect academic institutions and investment in US innovation without meaningfully reducing drug prices. Specifically, proposals to relax patent protections further risk discouraging public and private partnerships and industry investment.
Patent Rights: Life, Liberty and Intellectual Property
Mr. Mossoff is a professor of law at Antonin Scalia Law School at George Mason University. He is a Visiting Intellectual Property Fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation , a Professor of Law at the Antonin Scalia Law School of George Mason University, and a Senior Fellow at the Hudson Institute.
Big Tech’s ‘patent troll’ attacks are a smokescreen — don’t let them fool you
For many years, Big Tech companies with their legions of DC lobbyists have been on a crusade to weaken the International Trade Commission (ITC), a little-known, independent, nonpartisan federal agency tasked with protecting the United States from imports that violate U.S. laws, including U.S. patent laws. These companies are now at it again, lobbying for a bill that was recently re-introduced in Congress: the Advancing America’s Interests Act (AAIA).
Via Licensing, MPEG-LA merger shows patent pools have come of age
Shutterstock/AuroraPrunea
European Commission Undermines Western Innovators, Boosts Chinese Dominance of Telecom Sector
On Thursday, the day after World Intellectual Property Day, the European Commission—the self-proclaimed world regulatory superpower—officially proposed a massive regulatory regime of patents that will benefit China and undermine Western innovators in both Europe and the United States.
New EU Regulatory Regime for SEPs Will Upend Mobile Telecommunications Sector
“If the EU adopts this new, massive administrative regime staffed without patent law experts imposing top-down regulatory mandates on SEP licensing and litigation, this will undermine the policy efforts by both the EU and the U.S. to counter the competitive threat from China.” The European Union is considering a new regulatory regime for the licensing and litigation of standard essential patents (SEPs) that will destabilize the global telecommunications market.
U.S. Taxpayers Should Not Be Paying for Private Patent Infringement
“The recent imposition of the Justice Department into a private infringement lawsuit likely will not be the last effort of this Administration to misuse Section 1498 (a) to advance a policy agenda undermining property rights in patents, particularly in the pharmaceutical industry.” For well over a year, Senator Elizabeth Warren (D-MA) and some members of Congress have engaged in a campaign to urge the Health and Human Services Secretary Xavier Becerra to break patents on pharmaceuticals to...
Opinion: Misusing a decades-old law isn’t the way to lower drug prices Original
More than two dozen members of Congress recently petitioned the Biden administration to upend America’s patent system — a move that could wreck our economy and deprive consumers of life-enhancing new inventions. Lawmakers didn’t phrase their request in such stark terms, of course. In their letter to the Department of Health and Human Services, they urged Secretary Xavier Becerra to use his “administrative authority” to lower the price of the prostate cancer drug Xtandi.
Adam Mossoff on Medical Patents and Affordability
Adam Mossoff on Medical Patents and Affordability IPWatchdog – ICLE Academic Affiliate Adam Mossoff was quoted by IPWatchdog in a story about a recent joint forum of the U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) regarding the relationship between patents and affordable access to medicines. You can read full piece here.
Adam Mossoff on China and PTAB
Adam Mossoff on China and PTAB Breitbart – ICLE Academic Affiliate Adam Mossoff was quoted by Breitbart in a story about U.S. patent policy and the stance Republicans should take toward Chinese patent infringement. You can read full piece here.
Patent Rights: Life, Liberty and Intellectual Property
Adam Mossoff addresses the nature of patent rights, emphasizing the Founding Fathers’ moral achievement in securing patents and other intellectual property rights in U.S. law. Mr. Mossoff is a professor of law at Antonin Scalia Law School at George Mason University.
Motion to FTC from L&E Scholars for Leave to File Amicus in GRAIL-Illumina Adjudication
Interest of Amici Curiae Amici curiae are seventeen law professors, economists, and former government officials with expertise in antitrust, patent law, and law and economics. Their work has appeared in the American Economic Review, the Journal of Law and Economics, the Yale Law Journal, and the Harvard Law Review, among others, and collectively has been cited more than 16,000 times.
Big Tech’s sticky fingers are still at work in Washington
BY Adam Mossoff Posted 9/14/22 Big Tech is strongly criticized in Congress these days, but it still has sway in Washington when it lobbies Congress to weaken the U.S. patent system. That’s bad news for … This item is available in full to subscribers. Attention subscribers We have recently launched a new and improved website. To continue reading, you will need to either log into your subscriber account, or purchase a new subscription.
Big Tech's Sticky Fingers Are Still at Work in Washington
Big Tech is strongly criticized in Congress these days, but it still has sway in Washington when it lobbies Congress to weaken the U.S. patent system. That's bad news for everyone. Years ago, Big Tech changed its business strategy. Previously, these tech companies would buy or license patent rights to new technologies -- paying for the use of other people's inventions. But now, Big Tech steals these inventions. This blatantly violates intellectual property laws.
State Right-to-Repair Laws Need to Respect Federal Copyright Laws: A Constitutional, Legal, and Policy Assessment - by Devlin Hartline Adam Mossoff
View Full PDF Executive Summary Various states are considering laws that would mandate that producers of electronic devices provide consumers and repair shops with all the tools and know-how necessary to repair these devices. Proponents of these “right-to-repair laws” argue that consumers should be able to do whatever they want with their devices, whether a smartphone, a smart TV, or a gaming console. Right-to-repair advocates, however, ignore inconvenient facts.
Big Tech’s Sticky Fingers Are Still at Work in Washington
By elaine@wcn-online.com | on July 18, 2022 By Adam Mossoff Audio articles on Wilson County News made possible by Richardson Bros Chevrolet in Floresville. Big Tech is strongly criticized in Congress these days, but it still has sway in Washington when it lobbies Congress to weaken the U.S. patent system. That’s bad news for everyone. Years ago, Big Tech changed its business strategy.
Big Tech's sticky fingers are still at work in Washington
Big Tech is strongly criticized in Congress these days, but it still has sway in Washington when it lobbies Congress to weaken the U.S. patent system. That's bad news for everyone. Years ago, Big Tech changed its business strategy. Previously, these tech companies would buy or license patent rights to new technologies — paying for the use of other people's inventions. But now, Big Tech steals these inventions. This blatantly violates intellectual property laws.
Big Tech’s sticky fingers are still at work in Washington
By Adam Mossoff Big Tech is strongly criticized in Congress these days, but it still has sway in Washington when it lobbies Congress to weaken the U.S. patent system. That’s bad news for everyone. Years ago, Big Tech changed its business strategy. Previously, these tech companies would buy or license patent rights to new technologies — paying for the use of other people’s inventions. But now, Big Tech steals these inventions. This blatantly violates intellectual property laws.
Big Tech's Sticky Fingers Are Still at Work in Washington - by Adam Mossoff
Big Tech is strongly criticized in Congress these days, but it still has sway in Washington when it lobbies Congress to weaken the U.S. patent system. That’s bad news for everyone. Years ago, Big Tech changed its business strategy. Previously, these tech companies would buy or license patent rights to new technologies — paying for the use of other people’s inventions. But now, Big Tech steals these inventions. This blatantly violates intellectual property laws.
Big Tech’s Sticky Fingers Are Still at Work in Washington
Big Tech is strongly criticized in Congress these days, but it still has sway in Washington when it lobbies Congress to weaken the U.S. patent system. That’s bad news for everyone. Years ago, Big Tech changed its business strategy. Previously, these tech companies would buy or license patent rights to new technologies — paying for the use of other people’s inventions. But now, Big Tech steals these inventions. This blatantly violates intellectual property laws.
Big Tech’s Abuse of Patent Owners in the PTAB Must End
June 29, 2023 37 min read Download Report Visiting Fellow, Edwin Meese III Center Adam is a Visiting Fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. Summary A decade of abuse of the Patent Trial and Appeal Board as a tool of predatory infringement tactics has already damaged the U.S. innovation economy and undermined the ability of the U.S. to address competitive challenges by China.
Virtual Event | Drug Patents and Evidence-Based Policymaking in Patent Law
Glass medicine bottles on a production line. (Getty Images) Glass medicine bottles on a production line. (Getty Images) This event will premiere on this page at 10:00 a.m. EDT, Friday, April 15. Register for the event here.
China Ignores Rule of Law to Dominate Global Telecommunications - by Adam Mossoff
Mobile technology vendors attend 2021 China Brand Day on May 12, 2021 in Shanghai, China. (Photo by Chen Yuyu/VCG via Getty Images) Mobile technology vendors attend 2021 China Brand Day on May 12, 2021 in Shanghai, China. (Photo by Chen Yuyu/VCG via Getty Images) It becomes clearer every day that the U.S. and China are involved in a modern-day Cold War.
Restoring the American Innovation Engine: Congress Should Consider Enacting the RESTORE Patent Rights Act
The American innovation engine is broken. As a result, the continued success of America’s innovation economy is threatened, and America risks losing its long-standing global technological leadership against new competitive threats in the 21st century, such as China.REF This broken engine of innovation is the United States patent system. The need for reform is pressing.
China Ignores Rule of Law to Dominate Global Telecom
(AP Photo/Mark Schiefelbein, File) It becomes clearer every day that the U.S. and China are involved in a modern-day Cold War. Unlike with the old (and new) Cold War between the U.S. and Russia, the Cold War with China is fought over the future of technology and control of the global innovation economy. Thus, this strategic competition plays out, not on battlefields, but in patent lawsuits in courts in the U.S., China, and across the globe.
China Ignores Rule of Law to Dominate Global Telecommunications
It becomes clearer every day that the U.S. and China are involved in a modern-day Cold War. Unlike with the old (and new) Cold War between the U.S. and Russia, the Cold War with China is fought over the future of technology and control of the global innovation economy. Thus, this strategic competition plays out, not on battlefields, but in patent lawsuits in courts in the U.S., China, and across the globe.
If you can’t beat ’em, steal from ’em
If you can’t beat ’em, steal from ’em By Adam Mossoff George Mason University In January, the U.S. International Trade Commission ruled that Google infringed Sonos’ patented innovations in wireless speaker technology. This may sound like an obscure legal ruling. But it confirms a problem that threatens America’s innovation economy. The problem? Intellectual property theft. --- Online Subscribers: Please click here to log in to read this story and access algona.com. Not an Online Subscriber?
General Counsels Ask Raimondo to Immediately Repeal
“According to the letter, NHK-Fintiv practice has written vital protections intended by the America Invents Act out of the law without public notice or comment, and ‘has caused—and continues to cause—immediate and irreparable harm to American innovators and manufacturers.’” Invoking familiar warnings about grave threats to U.S. innovation, 23 chief legal officers of big companies spanning industries from high-tech, internet and streaming to auto, financial services and home security, recently...
Thank You, Senator Tillis, for Recognizing the Need for Evidence-Based Policymaking in Patent Law - by Adam Mossoff
Earlier this month, Senator Thom Tillis (R-NC) sent a letter to the U.S. Patent and Trademark Office (USPTO) and to the U.S. Food and Drug Administration (FDA), expressing concern about policymaking on drug patents and drug prices being driven by a narrative rooted more in policy goals than in actual data.
Thank You, Senator Tillis, for Recognizing the Need for Evidence-Based Policymaking in Patent Law
“In the past century, innovations in healthcare and biotech have made modern life a veritable miracle by any historical standard.
Guest Opinion: Google loss to Sonos confirms Big Tech's IP piracy problem - The Coastland Times
Guest Opinion: Google loss to Sonos confirms Big Tech’s IP piracy problem Published 1:43 pm Thursday, February 10, 2022 By Adam Mossoff In January, the U.S. International Trade Commission ruled that Google infringed Sonos’ patented innovations in wireless speaker technology. This may sound like an obscure legal ruling. But it confirms a problem that threatens America’s innovation economy. The problem? Intellectual property theft.
Unreliable Data Have Infected the Policy Debates Over Drug Patents - by Adam Mossoff
View PDF The COVID-19 pandemic has vividly brought to the public’s attention the key role of medical innovation in saving lives and increasing the quality of daily life. The pandemic has also precipitated an international debate over the role of patents and other intellectual property rights in the discovery, manufacture, and distribution of drugs and vaccines to patients.
Google’s Loss to Sonos Settles It: Big Tech Has an IP Piracy Problem - by Adam Mossoff
The U.S. International Trade Commission ruled on January 6 that Google infringed Sonos’ patented innovations in wireless speaker technology. This may sound like an obscure legal ruling about a complicated fight over intellectual property. But it confirms a problem that threatens America’s innovation economy and its international economic competitiveness. The problem? Intellectual property theft.
Google’s loss to Sonos settles it: Big Tech has an IP piracy problem – TechCrunch Original
Adam Mossoff is a patent law expert at George Mason University who has testified before Congress on the STRONGER Patent Act and a senior fellow at the Hudson Institute. The U.S. International Trade Commission ruled on January 6 that Google infringed Sonos’ patented innovations in wireless speaker technology. This may sound like an obscure legal ruling about a complicated fight over intellectual property.
Comment on National Institute of Standards and Technology Study on China's Involvement in Standard Development Organizations - by Adam Mossoff Urška Petrovčič Thomas J. Duesterberg Harold Furchtgott-Roth
View PDF Re: Response to the FR Doc.
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