By now, everyone in the IP arena has heard about the demands of more than 30 state and territorial attorneys general (AGs) regarding the promising COVID treatment remdesivir. These AGs seem to disrespect the exclusive rights of limited duration that patents afford. California Attorney General Xavier Becerra (D) and Louisiana Attorney General Jeff Landry (R) led a bipartisan effort getting colleagues to write the U.S. Department of Health and Human Services and call for what’s tantamount to eminent domain on intellectual property. To a conservative who works on IP matters, this demand in and of itself is troubling. Bedrock conservative principles include property rights, free enterprise and the rule of law. The AGs advocate government’s abrogation of all three of these foundational principles.
- Other Barks & Bites for Friday, February 23: Intel and Microsoft Announce Landmark Chip and IP Deal; Court Overturns $1 Billion Copyright Infringement Ruling Against Cox; and Reddit and Google Set to Announce AI Content Licensing Agreement
- Members of Congress Blast Biden on March-In Proposal and Pandemic Accord
- Rader’s Ruminations: The Most Striking (and Embarrassing) Legal Mistake in Modern Patent Law
- Supreme Court Denies Five IP Petitions on Issues from IPR Joinder to Contributory Trademark Infringement
- ‘Where Are the Designers on This?’: Some Post-Argument Thoughts on LKQ v. GM