The Weaponized Lawsuit Against the Media: Litigation Funding as a New Threat to Journalism

L Levi - Am. UL Rev., 2016 - HeinOnline
From Donald Trump's vituperative threats against the press during the 2016 presidential
election,'to judicial distaste for modern journalistic practices, 2 to declining public esteem for …

Antitrust law and patent settlement design

E Hovenkamp - Harv. JL & Tech., 2018 - HeinOnline
Antitrust usually prohibits rival firms from striking agreements that forestall competition.
Patent settlements provide an exception, however, because a patent on a significant …

Big Pharma Monopoly: Why Consumers Keep Landing on Park Place and How the Game Is Rigged

MS Levy - Am. UL Rev., 2016 - HeinOnline
Now, more than ever before, pharmacologists are contributing medical advances to confront
ravaging disease. They are developing drugs to mitigate the effects of Alzheimer's, HIV …

A theory of facts and circumstances

AT Hayashi - Ala. L. Rev., 2017 - HeinOnline
The legal consequences of an action often depend on information that only the actor knows.
This information is typically inferred from the observable'facts and circumstances" attending …

Using data exclusivity grants to incentivize cumulative innovation of biologics' manufacturing processes

EL Levi - Am. UL Rev., 2016 - HeinOnline
Medical innovation continues to skyrocket, giving us artificial hearts, medical imaging
software, advanced prosthetics controllable with the mind, and pharmacological cures for a …

Bifurcating settlements

M Abramowicz, S Abramowicz - Geo. Wash. L. Rev., 2018 - HeinOnline
In settling a lawsuit, parties agree on their obligations to one another, but they need not
separately address each issue, claim, or remedy that a trial court would have confronted …

Patents v. Antitrust: Preempting Conflict

MG Sipe - Am. UL Rev., 2016 - HeinOnline
The patent-antitrust paradox has generally defied resolution. Attempts to either" graft
antitrust doctrines onto patent law" or vice versa have" spawned almost a century of …

Patents Are Not Probabilities: Refuting the Probabilistic Patent Theory

B Gant - Chi.-Kent J. Intell. Prop., 2021 - HeinOnline
Under the flawed" probabilistic" theory of patents, first put forward by the economist Carl
Shapiro in 2001 and expanded upon by Shapiro and Mark Lemley in an oft-cited 2005 …

Deconstructing Scienter

RA Booth - Va. L. & Bus. Rev., 2021 - HeinOnline
In a typical securities fraud class action (SFCA) against a publcly traded company under
SEC Rule 10b-5, the claim arisesfrom an alleged cover-up of bad news by company agents …

Patents and price fixing by serial colluders

WE Kovacic, RC Marshall, MJ Meurer - NYU J. Intell. Prop. & Ent. L., 2020 - HeinOnline
In the history of antitrust enforcement, patents have occupied center stage in a number of
Supreme Court cases addressing horizontal price fixing and conspiracies to monopolize. 1 …