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24 Colum. Sci. & Tech. L. Rev. 1 (2022-2023)

handle is hein.journals/cstlr24 and id is 1 raw text is: Trade Secrets in Biologic Medicine THE COLUMBIA SCIENCE & TECHNOLOGY LAW REVIEW VOLUME XXIV STLR.ORG FALL 2022 ARTICLE TRADE SECRETS IN BIOLOGIC MEDICINE: THE BOUNDARY WITH PATENTS Robin Feldman* Can something be both open and secret? That is the conundrum facing society as trade secret rights chafe against patent rights in cutting-edge, biologic medicine. The conflict is unsurprising. Trade secret has emerged as a relatively late bloomer among the family of intellectual property rights and only recently has begun to establish the boundaries of its own space, a process in which it will inevitably knock against other intellectual property doctrines already occupying their own domains. Nor is it surprising that the clash would arise in a fast-moving area of medical science. From insulin products, to cancer treatments, to mRNA vaccines, companies are staking the health of their companies on biologics. There is a dearth of legal literature on the topic of trade secrets in the biologic space and almost nothing regarding how trade secrets interact with the patent system in that domain. These scientific and legal areas are sufficiently complex that even the most intrepid scholars fear to tread. This article explains in detailed and accessible language how the systems are working together to the detriment of society. To address the problem, this article argues that a company receiving a patent on a drug product should be required to disclose the full range of trade secrets necessary to make that drug. As the descriptions below will explain, patent * Arthur J. Goldberg Distinguished Professor of Law, Albert Abramson '54 Distinguished Professor of Law Chair, Director of the Center for Innovation (C4i), University of California Hastings College of the Law. I wish to thank Ali Alemozafar, Camilla Alexandra Hrdy, and Charles Tait Graves for perceptive comments. I am grateful to Nathan Brown, Joseph Clateman, and Zachary Rosen for research assistance and deep insights. I am particularly indebted to Gideon Schor for leading the research team. Finally, I am deeply grateful to the Laura and John Arnold Foundation, whose generous grant helped to support this project. [Vol. 24.1 1

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