In a decision having implications for the healthcare, biotechnology, and pharmaceutical industries, on June 13, 2013, the U.S. Supreme Court held that a naturally occurring DNA sequence is not patentable simply because it has been isolated from surrounding genetic material. Assoc. for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___ (2013). The Court observed that Myriad’s claims to n...

the United States Supreme Court held that market power sufficient to impose an illegal tying arrangement can, at least in theory, derive from buyers' uncertainty regarding a product's costs and quality. Although commentators disagree on the implications of the Kodak decision, all seem to agree that the opinion's emphasis on product information costs is a departure from previously accepted econo...

Since the passage of the Canada Health Act in 1984 and its prohibition of extra-billing, there has been an extremely limited role for private health insurance in Canada as a mechanism to pay for medically necessary physician or hospital services. In the aftermath of the landmark Supreme Court decision Chaoulli v. Québec, this may change.

During the 40 years since the US Supreme Court decision in Doe versus Wade and Doe versus Bolton, restrictions on termination of pregnancy (TOP) were overturned nationwide. The use of TOP was much wider than predicted and a substantial fraction of reproductive age women in the U.S. have had one or more TOPs and that widespread uptake makes the downstream impact of any possible harms have broad ...

This Article considers the broad range of "tort experiments" states have undertaken in recent years, as well as the changing attitudes of Congress and the Supreme Court toward state tort law. Notably, while states have limited tort rights and remedies in the products liability and personal injury areas in recent years, they have at the same time increased tort rights and remedies to address new...

This article shows how the current language of reproductive rights, including the determination of US constitutional protections, can be traced to three cases heard by the US Supreme Court that challenged eugenic state legislation written between 1924 and 1935. The introduction defines "eugenics" as the notion that the human race can be improved and social ills gradually eliminated by selectiv...

BACKGROUND Glivec (imatinib mesylate), produced by the pharmaceutical company Novartis, is prescribed in the case of chronic myeloid leukemia, one of the most common blood cancers in eastern countries. After more than a decade of legal battles surrounding its patentability, the Supreme Court of India gave its final decision on April 1st of 2013, rejecting the appeal of the Swiss giant drug manu...

The Case Against Non-Compliance with the Fundamental Principle concerning Anencephaly, under review by the Brazilian Supreme Court, is a milestone in the debate on abortion in Latin America. Since the currently prevailing version of the Brazilian Penal Code was enacted in 1940, there has been fierce resistance to any change in the country's abortion policy. This article discusses the arguments ...

Abstract On 16 June 2021, as a result of cassation appeal, the Supreme Administrative Court (SAC) ruled that reputation trademark is not determined by its qualitative aspects. This position should come surprise, two decades after judgment in General Motors Corporation v. Yplon SA (Chevy) case. However, justification SAC ruling indicates proceedings before Patent Office Republic Poland and Polis...

A criminal defendant has a constitutional right to a “meaningful opportunity to present a complete defense.” Grounded in several different constitutional provisions, this right has been invoked as a defense to criminal charges in a variety of contexts and has been sustained by the Supreme Court on several occasions. Probably no context, however, has been as controversial and difficult for the c...