Constitutionality of the Patent Protection and Affordable Care Act: Swimming in the Stream of Commerce

LH Tribe - Harv. JL & Pub. Pol'y, 2012 - HeinOnline
In March of 2010, Congress enacted the Patient Protection and Affordable Care Act'-to which
I will refer simply as" the Act"-to cope with what Congress believed was a crisis in the $2.5 …

An Ethical Dilemma: Patents & Profits v. Access & Affordability

AE Blasi - Journal of Legal Medicine, 2012 - Taylor & Francis
For decades, pharmaceutical companies have spouted public relations slogans that tout
patient health and the greater good. While corporate profits and increased attention to …

Patent protection regulation and the right to health: Ripe for discussion in renegotiating KORUS-FTA

A Kim - Geo. Mason J. Int'l Com. L., 2018 - HeinOnline
It is uncontested that pharmaceutical companies provide enormous public benefits through
innovative technologies and drugs.'Pharmaceutical companies protect their products …

Patent Fences and Constitutional Fence Posts: Property Barriers to Pharmaceutical Importation

DR Cahoy - Fordham Intell. Prop. Media & Ent. LJ, 2004 - HeinOnline
As the cost of health care in the United States continues to rise, consumer advocates and
politicians push for more extreme and creative measures to keep prices down. A significant …

Congress Should Decline Ill-Advised Legislative Proposals Aimed at Evergreening of Pharmaceutical Patent Protection

CM Holman - U. Pac. L. Rev., 2019 - HeinOnline
There is a widespread perception that drug prices in the US are much higher than they
should be, and that the problem is only getting worse. Critics argue that the pharmaceutical …

Patents, Patients, and Public Policy: An Incomplete Intersection at 35 USC 287 (c)

CM Ho - UC Davis L. Rev., 1999 - HeinOnline
What do patents, patients, and public policy have in common? Public policy goals are the
foundation for both the patent and the health care systems. A fundamental policy of the …

The Law of Unintended Consequences: How Will the Affordable Prescription Drugs and Medical Inventions Act Affect American Health Care

AZ Litovsky - Health Law., 2000 - HeinOnline
On May 3, 2001, Representative Sherrod Brown (D, OH) introduced a bill entitled Affordable
Prescription Drugs and Medical Inventions Act (HR 1708)(the" Bill").(Full text of the Bill can …

The Health of eBay: The Impact of eBay on the Future of TRIPS-Like Pharmaceutical, Compulsory Licenses in the United States

J Brodsky - American Journal of Law & Medicine, 2015 - cambridge.org
With the passage of the Affordable Care Act in 2010, the United States has taken enormous
steps toward greater affordability and access to needed medication. 1 Despite the Supreme …

The Drug Patent Term: Longtime Battleground in the Control of Health Care Costs

RL Desrosiers - New Eng. L. Rev., 1989 - HeinOnline
Abraham Lincoln wrote,'The patent system added the fuel of interest to the fire of genius.'",
Adam Smith referred to a different result of the patent system when he proclaimed that"'to …

Batten down the Hatch [es]! Restoring the Patent System's Role Within the Pharmaceutical Industry

R Screnci - Case W. Res. L. Rev., 2019 - HeinOnline
The early warning signs are often unclear. You may feel nauseous, clammy, short of breath
after a particularly difficult workout. Then, as a severe chest pain migrates through your …