Sandoz Inc. v. Amgen Inc. and Its Implications

Background of the Case:   Sandoz Inc v. Amgen Inc., 137 S. Ct. 1664 (2017) is a case that involved statutory construction of the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”), which is codified in 42 U.S.C. § 262. The BPCIA is quite similar to the Drug Price Competition and Patent Term Restoration Act of 1984, also known as the Hatch-Waxman Amendments which created procedures to facilitate more.. Read More

Review: New York Right of Publicity Law: Reimagining Privacy and the First Amendment in the Digital Age

New York has largely been operating under the same right of privacy statute since 1903. Over a century later, the New York State legislature has decided that it is time to make a big change.   A new bill, Assembly Bill A08155, is currently being drafted and considered by the New York legislature. The bill was the center of conversation at an event hosted by the Cardozo Arts and Entertainment Law Journal on.. Read More

The Bayh-Dole Act Has Been Successful in Stimulating a Market for Federally Funded Inventions, Now It’s Time to Bring Those Inventions to the Public

The federal government has proved to be ineffective at bringing publically funded discoveries to the public The Bayh-Dole Act of the 1980’s was intended to maximize the public’s return on federally funded research by getting inventions into the hands of companies to bring them to the market (for a general introduction). The goal was to maximize the public’s return on our investments by placing IP rights in the hands of Research institutions, who.. Read More

Sports Gambling: The Anti-Commandeering Argument Against PASPA

Background Information   In 1992, Congress passed PASPA amid concerns that the legalization of sports gambling at the State level would spread. This legislation prohibited most States from licensing sports gambling. Professional and Amateur Sports Protection Act, 28 U.S.C. §§ 3704 (1993). In 2012, the New Jersey State legislature enacted New Jersey’s Sports Wagering Law, permitting State authorities to license “sports gambling in casinos and racetracks and casinos to operate ‘sports pools.’” NCAA.. Read More

Murphy v. NCAA: The Case that Could Transform Sports Betting Across the Nation

The fight for widespread legalization of sports betting in this country received a huge boost this past June when the Supreme Court, to the surprise of many and over the objection of the Solicitor General, agreed to hear New Jersey’s lawsuit. Murphy v. NCAA, formerly Christie v. NCAA, is set to be decided in the near future. The judges’ decision to hear the case, and the sentiments of many of the judges during.. Read More