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Warning: Research Dollars At Risk!
Before the clinical trials are run, before the Food and Drug Administration approves, before hope is held out to millions of patients, new drugs start with scientists asking elemental questions about human life. Now, the pipeline that leads from their laboratories through drug development to the FDA may be shut off at the source.
Contrary to the interests of everyone, the monies that fund small biotechnology companies and university labs could dry up. The villains are a few seemingly unrelated judicial decisions and the increasing complexity of biotech research itself. Together, they may serve to discourage the basic science on which medical advancement depends. Biotech companies anchor one end of the pipeline that produces new drugs. Along with major universities, they perform the risky experiments that lead to possible breakthroughs in medicine. They also develop the cutting-edge tools that permit this research, such as screening methods for new chemicals that might be transformed into medical cures, and computer programs to better design those chemicals. Then, their patented ideas are licensed or sold to the large pharmaceutical companies. The strength of “Big Pharma” lies in refining those research results into the next generation of medical treatments and devices – and then selling them. To keep the new drugs flowing, therefore, it is critical that patent law and practice support the ability of biotech companies and universities to stay in the lab. Unfortunately, the balance between the needs of patent holders and researchers may be upset.
Doing the FDA's Work
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.