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18 Biotechnology L. Rep. 1 (1999)

handle is hein.journals/bothnl18 and id is 1 raw text is: BIOTECHNOLOGY LAW REPORT Volume 18, Number 1, 1999 Mary Ann Liebert, Inc. The New Biotechnology Law Report You ARE HOLDING the first issue of a redesigned and enhanced Biotechnology Law Report. We are delighted to welcome Professor Robert Bohrer as Executive Editor, who, with a team of his energetic law students at California Western School of Law, will be joining myself, Manag- ing Editor Judith Gunn Bronson and the staff at Mary Ann Liebert, Inc., to generate this and fu- ture issues. Seventeen years ago, when the first issue of Biotechnology Law Report went into print, much of the conversation was about the Cohen-Boyer patents on recombinant DNA and Stanford Uni- versity's program for licensing them. It is fitting that this issue leads with an article by John Bar- ton, a Stanford law professor. When these patents expired a year ago, they marked a milestone in the coming of age of the new biotechnology. No longer an esoteric backwater for a few avant garde enthusiasts, the field of biotechnology law has become a mainstream in patent prac- tice, and a fertile area of activity for a variety of practitioners in legal and regulatory matters. At Biotechnology Law Report, our augmented team eagerly looks forward to providing you with continuing coverage of new developments, along with increased commentary and scholarship re- flecting the growing breadth and depth of this field. We invite you to submit articles for publica- tion within our new format. Gerry J. Elman Editor-in-Chief Foreword I AM EXTREMELY PLEASED to introduce this newly revised and expanded format of Biotechnology Law Report. This issue is the first to contain a major articles section, with detailed analyses of current issues in biotechnology law, written by well-known experts in biotechnology law as well as by students at California Western School of Law. I am also delighted that we are able to in- augurate this new format with a lead article by Professor John Barton, of Stanford Law School. Professor Barton has long been recognized as one of the seminal scholars in the field of intel- lectual property protection for biotechnology. His article makes a strong case for distinguishing between inventions of the old biotechnology, principally whole recombinant proteins, and in- ventions of the new biotechnology, particularly such research tools as ESTs and transgenic mice. Professor Barton's thesis is that we need to provide very broadly construed claims for the old biotechnology inventions and very narrowly construed claims for the new biotechnology in- ventions. His article is sure to spark further debate and, we hope, be a significant impetus for the future refinement of biotechnology patent law. Also in this issue are two student articles. The first, by Bonnie Lutz, is an analysis of the po- tential impact of Washington Legal Foundation v. Friedman (1998 WL 456372, 2 (D.D.C.) (July 30, 1998)) on manufacturers' liability for injuries related to the off-label use of prescription drugs. 1

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