Using Bayh-Dole For Cancer Drug March-In Rights Is Wrong

By David Kappos (May 25, 2022, 5:32 PM EDT) -- Sen. Elizabeth Warren, D-Mass., recently urged the Biden administration to reduce the price of a prostate cancer medicine, Xtandi, by seizing the developer's patent rights and licensing them to generic drug manufacturers.[1] The administration has this power, Warren contends, thanks to the march-in rights embedded in a 42-year-old law, the Bayh-Dole Act.[2]

The senator is wrong. Using the Bayh-Dole Act in this manner misconstrues the letter and intent of the law — and could have disastrous consequences for American innovation.

The Bayh-Dole Act is among the most successful laws of economic policy in U.S. history. The bipartisan reform, which then-senator Joe...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!