Professor Jacob Sherkow has extensive scholarship in the area of patents and has been cited as an expert many times on the issue of drug labels being used in patent cases. In the case of Hikma Pharmaceuticals USA Inc. v. Amarin Pharma Inc., currently before the United States Supreme Court, Sherkow has authored an amicus brief with Professor Paul R. Gugliuzza of the University of Texas at Austin School of Law. The brief is written in support of neither party, but urges the court to discontinue allowing this practice of “infringement by label.”

In a settlement deal over claims Moderna infringed upon patents owned by Roviant in its COVID-19 vaccine, Moderna has agreed to pay up to $2.25 billion. The settlement, however, has a unique structure in which Moderna will pay $950 million up front and then another $1.3 million if an appeal to have parts of its liability offloaded to the federal government fail. “This was a case that should have settled at the very beginning,” Sherkow told STAT. “There was never any real dispute that Moderna was infringing. It was just a matter of coming up with a number that was mutually acceptable.”

In his latest paper, Professor Jacob Sherkow argues that recent court decisions that treat safety information on a drug’s package as key evidence in patent cases against generic-drug manufacturers have been incorrectly adjudicated and should be reversed by the Supreme Court. “Those lower court decisions, which embrace a legal theory we call ‘infringement by label,’ are incorrect. It’s a fictional turn in the law that we hope the Supreme Court shuts down,” he told the Illinois News Bureau.

Professor Jake Sherkow spoke to Bloomberg Law on several occasions in February, regarding patent lawsuits that are making their way through the courts.

Drug labels required by the U.S. Food and Drug Administration are meant to help ensure safe and effective use of prescription drugs; however, recent court decisions have problematically treated those labels as key evidence in patent infringement cases, with drug companies engaging in what Professor Jacob Sherkow calls “patent gamesmanship” that could potentially limit access to affordable generic drugs. In his latest scholarship, published in The New England Journal of Medicine, Sherkow and his co-authors urge the Supreme Court to address this trend.

Professor Jacob Sherkow recently presented his work on patent infringement at three separate events. He presented a paper, “Compounding Patent Infringement” at the Stanford Patent Scholars Roundtable in January, and in February he presented “Infringement by Drug Label” at the Health Law Colloquium at the Ohio State University Moritz College of Law as well as at the Center for Law and the Biosciences at Stanford Law School.

Replacing animal testing for drug trials is promising, but Professor Sara Gerke and her co-authors on a new paper on the subject believe caution is warranted before adopting change. Gerke recently spoke to the Illinois News Bureau about the paper.

As artificial intelligence technology becomes more commonplace, questions about its ethical use are of more salience. In the AMA Journal of Ethics, Professor Sara Gerke examines one area of interest in this field: how ambient listening and transcription technology influences medical doctors’ documentation practices and clinical encounters. In her article, Gerke and her co-author seek to answer questions and provide best-practice recommendations for informed consent processes and patient-clinician relationships.

“Infringement by label” is when a court treats drug labels as if they were patent claims, assessing whether their text merely “contains” a patented method of use, and it is also the subject of the latest scholarly research from Professor Jacob Sherkow. Writing in the Stanford Law Review, Sherkow explains how infringement by label threatens the ability of generic drugs to enter the market and how this creates a lack of clarity in the about patent infringement.

Professor Sara Gerke has been selected to participate in the Spring 2026 cohort of the NSF CAREER Club. This campus initiative helps equip faculty with knowledge, resources, and writing support necessary to develop a competitive proposal for the National Science Foundation (NSF) Faculty Early Career Program (CAREER).  As a participant, Gerke will be provided access to information sessions, training and consultation, structured writing groups, peer feedback, reviews by experienced research development staff, and a supportive environment throughout the proposal process, from conception to submission, all at no cost.