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 […]
“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 […]
Professor Jacob Sherkow has co-authored a new paper with Laura Valtere (University of Copenhagen – CeBIL) and Timo Minssen (University of Copenhagen – CeBIL) titled “Intellectual Property, New Genomic Technologies And Plant Innovation: Clearing Innovation Pathways.” The abstract follows: New genomic technologies (NGTs), such as genome editing-the modification of DNA in living cells-promises to revolutionize […]
On November 11, 2025, Jacob S. Sherkow was invested as the Richard W. and Marie L. Corman Professor of Law in a ceremony honoring his commitment to scholarship, teaching, and public engagement. In remarks shared at the ceremony, Dean Jamelle Sharpe said, “Professor Sherkow’s achievements—and the real-world impact of his work—represent the very best of […]
A new article covering the sharing of genomic data across international borders by Professor Jacob Sherkow has been published by the journal International Data Privacy Law. “A sociotechnical approach to genomic data privacy: a comparative analysis” examines new technology designed to process genomic data within a secure computingenvironment that can comply with and align European […]
Professor Jacob Sherkow delivered his lecture, “What’s the Skinny? Drug Labels and Patent Infringement,” at Chicago-Kent College of Law on Tuesday, October 28. The event focused on the role of drug labeling in pharmaceutical patent litigation and included discussion of the pending Supreme Court cert petition in Hikma v. Amarin, on which the Supreme Court […]
On October 27, Professor Jacob Sherkow will be speaking at the Intellectual Property Workshop at Michigan Law School. He will be presenting a paper on the law of inducement in the pharmaceutical patent infringement cases, which is forthcoming in the Stanford Law Review. Event details are available from the University of Michigan Law School.
Professor Jacob Sherkow has published “A ‘Bare Hope of A Result’: The Second CRISPR Patent Appeal” in The CRISPR Journal. In the article, Sherkow provides an overview of the dispute to date, reviews the Federal Circuit’s recent opinion, and provides a critique of its analysis. Read the full article.
In an analysis of a brief expected to be filed in the fall, the Patently-O blog cites the work of Professor Jacob Sherkow extensively in examining the ‘label-plus’ theory of inducement. This framework establishes that a generic drug’s label by itself cannot violate patent protections because of a congressionally authorized regulatory scheme. Sherkow’s work, in […]
In June, Professor Jacob Sherkow traveled to Denmark to present his work, “Patent Eligibility, Secure Computing, and Genomic Data Sharing,” at the ATRIP Congress at the University of Copenhagen. His presentation took place on Monday, June 23, as part of the Intellectual Property & Justice: Balancing Frameworks in Patent Law portion of the conference. Learn […]