14 Alb. L.J. Sci. & Tech. 397 (2003-2004)
The Cure for Deadly Patent Practices: Preventing Technology Suppression and Patent Shelving in the Life Sciences

handle is hein.journals/albnyst14 and id is 405 raw text is: THE CURE FOR DEADLY PATENT
PRACTICES: PREVENTING TECHNOLOGY
SUPPRESSION AND PATENT SHELVING IN
THE LIFE SCIENCES
Charles Allen Black *
TABLE OF CONTENTS
I.  INTRODUCTION  .......................................  398
II. WHY WOULD COMPANIES WANT TO CAUSE
UNNECESSARY DEATH AND SUFFERING? ............... 399
A.  Background   ............... .....................  401
1. Patented Technology Necessary for Life ..... 403
2. The Need for Patents in Life Sciences ....... 405
3. The Dangers of Patented, but Unregulated,
Life Science Technology ...................... 407
4. How Can Suppressing a Patent Increase
Profits? .................................... 408
B. Sustaining versus Disruptive Technology in
M arkets  ..........................................  410
C. What if a Patent Covers a Disruptive
Technology?  .....................................  412
1. Identifying Disruptive Technology in the
Health  Sciences ..............................  415
III. CASE STUDIES OF TECHNOLOGY SUPPRESSION IN THE
LIFE  SCIENCES  .......................................  418
A. Technology Suppression Through Marketing ..... 418
1. Case Study 1. A Nauseating Tale: the Cure
for Stomach  Ulcers  ..........................  418
B.  Patent Shelving  ..................................  422
 B.A., summa cum laude, 1988 (English), University of Alabama at
Birmingham; Ph.D., 1997 (Immunology), University of Newcastle, Australia;
J.D., cum laude, 2003, University of Pittsburgh School of Law. The author would
like to thank Professor Kevin Ashley for his invaluable guidance in crafting this
Article, and Professor Michael Madison and Mr. Stuart Kim for their insightful
criticisms and comments. This work was supported by the Samuelson-Glushko
Fellowship in Intellectual Property and Technology Law.

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