The Federalist Society
The Federalist Society
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Is the NIST's New Proposal on March-in a Price-Control Vehicle?
The Biden Administration recently proposed new regulatory guidelines that would permit agencies to impose price controls on products based on inventions derived from upstream federally funded research. The new regulations would affect such price controls by expanding the “march-in” power of the Bayh-Dole Act.
In addition to its core function allowing universities and other contractors to retain ownership of inventions created with federal funds, this law authorizes, under very specific circumstances, the funding agency (e.g., the National Institutes of Health (NIH) or the Department of Energy) to grant licenses, without authorization of the patent owner, to any inventions made with funding provided by the agency. The proposed new guidelines would add the price of the end-product derived from those early-stage inventions to the list of specific circumstances.
Since its enactment in 1980, the march-in power of the Bayh-Dole Act has never been used. When asked about using the price of the end product as one of the circumstances, the law’s namesake Senators, Birch Bayh and Bob Dole, stated the text of their law did not authorize price-based march-in. Importantly, the NIH has rejected numerous petitions over the past several decades to use the march-in power to lower the prices of patented drugs or medical devices. Proponents of the new regulatory guidelines, however, argue that the statute does authorize an agency to consider price as a march-in trigger and the Biden Administration argues that march-in is a key tool to lower drug prices.
This panel discussed the regulatory proposal for price controls under the Bayh-Dole Act and other vehicles (e.g., the IRA and reasonable/reference pricing clauses in licenses or collaborative research agreements), whether they represent regulatory overreach by the Executive Branch, and whether it is wise policy to implement price controls on drugs and other products or services in the U.S. innovation economy.
Featuring:
Dr. Walt Copan, Vice President for Research and Technology Transfer, Colorado School of Mines; Former Director, National Institute of Standards and Technology
Dr. Shubha Ghosh, Crandall Melvin Professor of Law, Director, Syracuse Intellectual Property Law Institute, Syracuse University College of Law
Hon. Andrei Iancu, Partner, Sullivan & Cromwell LLP
Brian O’Shaughnessy, Partner, Dinsmore & Shohl LLP
(Moderator) Jeffrey Depp, Policy Consultant, Center for Strategic and International Studies (CSIS)
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Переглядів: 129

Відео

Explainer 68: PFWA
Переглядів 10012 годин тому
In this Fourth Branch Explainer podcast, Rachel N. Morrison from the Ethics and Public Policy Center (EPPC) discusses the implications of the Pregnant Workers Fairness Act Regulations recently released. Listen in as Morrison discusses the pros and cons of new rules. * * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opin...
AI Policy Roundup
Переглядів 11612 годин тому
On October 30, 2023, President Biden signed the most far-reaching presidential action in AI, Executive Order 14,110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The EO directs dozens of federal agencies to take over 100 discrete actions to implement it over eight distinct policy areas. The EO received significant attention and a broad range of responses from th...
Abortion and IVF post-Dobbs: LePage, Mayes, Etc.
Переглядів 16915 годин тому
Since Dobbs v. Jackson Women’s Health Organization, state courts and legislatures have grappled with its legal and policy implications, especially as they pertain to abortion and IVF. In LePage v. Center for Reproductive Medicine, for example, the Alabama Supreme Court held that frozen embryos should be regarded as “children” for the purposes of Alabama’s Wrongful Death of a Minor Act. And in P...
The Trump New York Verdict: Constitutional, Legal, and Prudential Questions
Переглядів 56415 годин тому
A New York City jury recently convicted former President Donald Trump of 34 criminal counts of falsifying business documents. In New York, it is a misdemeanor to falsify business records with “the intent to defraud,” a crime with a two year statute of limitations. If the falsification is carried out for the purpose of concealing another crime, it is a felony, with an extended statute of limitat...
Courthouse Steps Decision: NRA v. Vullo
Переглядів 25715 годин тому
On May 30, 2024, the Supreme Court issued its decision in National Rifle Association of America v. Vullo. In a 9-0 decision, the Court sided with the NRA, affirming the actions taken by New York Department of Financial Services Maria Vullo violated the First Amendment. The case, known as one of the two "jawboning" cases heard this term (along with Murthy v. Missouri) raised the question of whet...
A Conversation about Supreme Court Ethics and Journalistic Integrity
Переглядів 34615 годин тому
For several weeks, much media attention has focused on reports of flags flown outside the primary residence and vacation home of Supreme Court Justice Samuel Alito. Several publications assert that the flags are associated with support for the “Stop the Steal” movement, Christian nationalism, and/or the January 6 attack on the U.S. Capitol. These reports have led some reporters and lawmakers to...
Does Ranked Choice Voting Help or Hurt?
Переглядів 266День тому
Ranked choice voting, also known as instant runoff voting, is a voting method where voters select several candidates in the order of preference on a single ballot. Ranked choice voting has been used by certain states, cities, and political party primaries. Recently, a series of jurisdictions have implemented bans on ranked choice voting. A panel of experts, which includes an attorney, economist...
Federal Bureau of Investigation v. Fikre - Post-Decision SCOTUScast
Переглядів 1268 годин тому
Federal Bureau of Investigation v. Fikre - Post-Decision SCOTUScast
1996 Civil Justice and Litigation Conference, Class Action Litigation [Archive Collection]
Переглядів 13714 днів тому
1996 Civil Justice and Litigation Conference, Class Action Litigation [Archive Collection]
Coinbase, Inc. v. Suski - Post-Decision SCOTUScast
Переглядів 10810 годин тому
Coinbase, Inc. v. Suski - Post-Decision SCOTUScast
Troxel v. Granville [SCOTUSbrief]
Переглядів 23114 днів тому
Troxel v. Granville [SCOTUSbrief]
Explainer 67: Veterans' Benefits Reforms How Healthcare Influences Foreign Policy
Переглядів 7214 днів тому
Explainer 67: Veterans' Benefits Reforms How Healthcare Influences Foreign Policy
Bail Reform: Illinois’ Experience After 9 months
Переглядів 26821 день тому
Bail Reform: Illinois’ Experience After 9 months
Navigating the FCC’s Digital Discrimination Rules
Переглядів 10321 день тому
Navigating the FCC’s Digital Discrimination Rules
Is Patent Eligibility Doctrine in Need of Reform?
Переглядів 19821 день тому
Is Patent Eligibility Doctrine in Need of Reform?
Litigation Update: Sagebrush Rebels and Western States Challenge Presidential Monument Designations
Переглядів 9521 день тому
Litigation Update: Sagebrush Rebels and Western States Challenge Presidential Monument Designations
Litigation Update: Arizona Supreme Court Opinion in Planned Parenthood v. Mayes / Hazelrigg
Переглядів 23728 днів тому
Litigation Update: Arizona Supreme Court Opinion in Planned Parenthood v. Mayes / Hazelrigg
Check out the full Regulation and Red Tape Series on our Youtube channel now!
Переглядів 5128 днів тому
Check out the full Regulation and Red Tape Series on our UA-cam channel now!
Emergency Powers in the Pandemic [The FedSoc Films Podcast]
Переглядів 223Місяць тому
Emergency Powers in the Pandemic [The FedSoc Films Podcast]
FTC Policy Unpacked: Achieving Change at the Federal Trade Commission
Переглядів 4,7 тис.Місяць тому
FTC Policy Unpacked: Achieving Change at the Federal Trade Commission
Legal Scrutiny Ahead: Assessing the Implications of EPA's Final Power Plant Rule
Переглядів 6 тис.Місяць тому
Legal Scrutiny Ahead: Assessing the Implications of EPA's Final Power Plant Rule
FTC’s Sweeping Non-Compete Ban: Summary, States’ Views, and Litigation Challenges
Переглядів 6 тис.Місяць тому
FTC’s Sweeping Non-Compete Ban: Summary, States’ Views, and Litigation Challenges
Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC - Post-Decision SCOTUScast
Переглядів 1814 днів тому
Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC - Post-Decision SCOTUScast
Open Minds: Concentrated Control, Acceptable Opinions, and Corporate Influence Part 2
Переглядів 7 тис.Місяць тому
Open Minds: Concentrated Control, Acceptable Opinions, and Corporate Influence Part 2
Explainer 66: Strategic Petroleum Reserve
Переглядів 10 тис.Місяць тому
Explainer 66: Strategic Petroleum Reserve
Muldrow v. City of St. Louis, Missouri - Post-Decision SCOTUScast
Переглядів 5014 днів тому
Muldrow v. City of St. Louis, Missouri - Post-Decision SCOTUScast
Bissonnette v. LePage Bakeries Park St., LLC - Post-Decision SCOTUScast
Переглядів 1314 днів тому
Bissonnette v. LePage Bakeries Park St., LLC - Post-Decision SCOTUScast
Keynote Address by Hon. David R. Stras [2024 Ohio Chapters Conference]
Переглядів 193Місяць тому
Keynote Address by Hon. David R. Stras [2024 Ohio Chapters Conference]
Trump v. United States - Post-Argument SCOTUScast
Переглядів 2014 днів тому
Trump v. United States - Post-Argument SCOTUScast

КОМЕНТАРІ

  • @MichelleBeahm
    @MichelleBeahm 5 годин тому

    Sooo SCOTUS is about to get rid of this doctrine sooon right like this June/July 2024 .. the ATF can’t ban bump stocks .. sooo we kind of know what’s next!

  • @kdc-nb5fw
    @kdc-nb5fw 11 годин тому

    Plea bargaining should not be allowed for violent crimes. You need a system of punishment that will deter crimes first so that there are fewer crimes to deal with in the first place. Also, lawyers get to decide on the punishment, which is ridiculous. They have too much power and make more money for less work and therefore will defend it. Plea bargains should be the exception, not the rule.

  • @ThatGuy-zu7ze
    @ThatGuy-zu7ze 14 годин тому

    Many criminals refuse to incriminate themselves on the stand... and are still found guilty... So treat people who don't show up to court when they had fled the country or died... the same way... the burden of proof has to be there either way... the state has other ways of claiming abandoned property. Civil Forfeiture should ALWAYS be associated with a criminal case no civil forfeiture, only criminal forfeiture!!! I hate the looming fact that the government can just come take my stuff and then I have to do everytime to get it back and I have to prove my innocents. So that means I have to pay the courts and possibly a lawyer to get my stuff back.

  • @Ashley.Kirkland.
    @Ashley.Kirkland. 15 годин тому

    Please refund the $9 from bearcat last night

  • @Ashley.Kirkland.
    @Ashley.Kirkland. 15 годин тому

    Google charge just got denied

  • @redmed10
    @redmed10 22 години тому

    Shouldn't it be called the anti federalist society if it was honest about what it wants?

  • @guitarbobish
    @guitarbobish 22 години тому

    Talking about his faith while secretly accepting money and gifts from dubious sources for dubious reasons indicates he is a man playing a role for which he is singularly unsuited;the role of a moral man.Wake up America,your country is headed down the toilet if don't look after democracy,and criminals who come across as personable on a TV screen are not necessarily the right people to be running the country.

  • @dddebz
    @dddebz День тому

    40:01 ProPublica was researching the court. There were trips reported via Marshall Service that didn’t show up on the disclosures 43:16 I FULLY SUPPORT FUNDING SECURITY FOR PUBLIC SERVANTS. INCLUDING ELECTION WORKERS. Eventually added up to $4mil in undiscosed gifts & services. Nope. In the world of Citizens United where a HUGE entity has so much more access than any citizen by virtue of their wealth alone is just a bridge further than I was raised to believe the USA stands for. 45:15 please note that judiciary gets more benefits & pension than the vast majority of American citizens.

  • @dddebz
    @dddebz День тому

    40:01 ProPublica was researching the court. There were trips reported via Marshall Service that didn’t show up on the disclosures 43:16 I FULLY SUPPORT FUNDING SECURITY FOR PUBLIC SERVANTS. INCLUDING ELECTION WORKERS. Eventually added up to $4mil in undiscosed gifts & services. Nope. In the world of Citizens United where a HUGE entity has so much more access than any citizen by virtue of their wealth alone is just a bridge further than I was raised to believe the USA stands for.

  • @dddebz
    @dddebz День тому

    31:00 is it possible that conservatives are intentionally keeping “their” militia as armed as possible despite the fact that hundreds of rounds per minute or fertilizer that can destroy a bulging or the county sheriff having armored vehicles completely incomprehensible in the powered wig days.

  • @dddebz
    @dddebz День тому

    22:23 why is it the Right is always fighting dirty to get their way and then urge compromise must come from their opponents? Sore winners and dirty fighters. 24:00 they can’t suddenly switch to restraint again, either. They’ve lost blind trust and my respect. 25:24 I haven’t heard anyone else notice that some components are twisting “originalism” to such a point as to go back to the bill of rights & discard the other amendments - especially when there’s a chance of a level playing field for more of the non-ruling class.

  • @dddebz
    @dddebz День тому

    13:00 I care A LOT about the method. Inconsistent applications of those methods are harder to swallow. 13:49 and yes, thank you. Id also like to hear someone address the insult “originalism” is to women. It’s not even a real thing. Better to compile data from the reams & reams & teams of cases - outcomes & consequences of decisions 6 months, 1 year 5 years and so on. Up to 50 years. The way “originalism” and “textualism” is weaponized against swaths of the populace is terrifying to anyone who doesn’t want to live in an authoritarian state of fear. 22:38 oh PLEASE! There wouldn’t be a supermajority of conservatives without the hypocrisy of GOP Senate McConnell letting an extra appointment slide after holding up an appointment for over a year. Nobody likes to lose to a cheater. It’s not strategy genius, it’s cheating. And cheapened the entire thing.

  • @dddebz
    @dddebz День тому

    13:00 I care A LOT about the method. Inconsistent applications of those methods are harder to swallow. 13:49 and yes, thank you. Id also like to hear someone address the insult “originalism” is to women. It’s not even a real thing. Better to compile data from the reams & reams & teams of cases - outcomes & consequences of decisions 6 months, 1 year 5 years and so on. Up to 50 years. The way “originalism” and “textualism” is weaponized against swaths of the populace is terrifying to anyone who doesn’t want to live in an authoritarian state of fear. 22:38 oh PLEASE! There wouldn’t be a supermajority of conservatives without the hypocrisy of GOP Senate McConnell letting an extra appointment slide after holding up an appointment for over a year. Nobody likes to lose to a cheater. It’s not strategy genius, it’s cheating. And cheapened the entire thing.

  • @dddebz
    @dddebz День тому

    20 years is a nice round number & good amount of time to make plenty of mischief for the little people. Heavens forfend a judge not get a lifetime appointment until they’ve been practicing laws of various kinds, especially in courtrooms not just DOJ, Boardrooms & special prosecutor or consultant to same. They should have no problem with a legally binding ethical code. No blemishes on their work ethics or finances, hopefully with experience as both public defender and prosecutor, at local state & district level. Then they could maybe have some job in DC near the end. Once tops in their craft with proven track records and having been approved by the ABA for such a post, then and only then might an appointment of 20 years be appropriate. The Tippity Top of the heap isn’t supposed to last longer a K-12 education. I’d think. Nobody who wants to get richer than comfortable should get into public service of any kind - tho the reason to pay Govt workers very well is to hopefully mitigate the temptations of outside influence. Lobbying and advertising for judicial appointments is unsavory as are elected judges, IMO - I dont know all the answers.

  • @dddebz
    @dddebz День тому

    @fedsoc would it be possible to put a date & time banner on your SCOTUScast in the future? What do we do if there are factual errors upon which an entire justification is based? Nothing, right? “because I said so” was good enough for my parents and so should be good enough for SCOTUS? Is that FedSoc recommendation? When there is a mischaracterization up to & including provably incorrect to anyone who can see how the feature works, say of the mechanics of a modification of the functioning of a moving part turning a hunting weapon into an assault weapon? If Congress restricted them through legislation, why could they not legislate an exception, if appropriate, for such modifications that do not result in hundreds of rounds fired per minute?

  • @dddebz
    @dddebz День тому

    I would like to mention that I would 100% rather a DV person not have a firearm if I’m their next partner. Just FYI

    • @dddebz
      @dddebz День тому

      5:31 speeding isn’t DV and it’s offensive for Chief Justice to make that comparison.

  • @martensonlee8815
    @martensonlee8815 День тому

    How about China and Russia

  •  День тому

    wealth tax is communism end of freedom only people who wood like this are welfare heads what do you think?

  •  День тому

    this is pushing people for being sicksexfull

  • @uiolax1967
    @uiolax1967 День тому

    How about the time employees are supposed to be working, but instead waste company time texting or in social media? Doesn't this affect productivity?

  • @johnjones4426
    @johnjones4426 2 дні тому

    Learning about those deadlocked senate elections, my first thought is, why not have the governor break the tie? Seriously, no one thought of that?

  • @americatheuneducated3715
    @americatheuneducated3715 2 дні тому

    Did his domestic violence involve a firearm? Will owning a firearm make its so he does or doesn't commit domestic violence in the future? If a woman stays with a man who does not have a firearm, will that man most likely commit domestic violence again? If the man does own a gun does that mean he will commit domestic violence again? If he does or doesn't own a gun does that mean he will stop beating her? Final question: If you are stupid enough to stay with a domestic abuser .......Would you rather be shot to death or beaten to death?

  • @craigbenjamin196
    @craigbenjamin196 2 дні тому

    The funny thing is when Ukraine attacks us, they be using ours top flying planes.😢

  • @user-vd3lv9fw3c
    @user-vd3lv9fw3c 2 дні тому

    Google removed my post. Not even sure this is an issue anymore. Either way. Google was treading on my freedom of speech. I don’t understand transgender people. I would home school my kids if I had any.

  • @stevebrown5054
    @stevebrown5054 2 дні тому

    The Federalist Society has given us corrupt Supreme Court jurists.

  • @MD-kr9pd
    @MD-kr9pd 2 дні тому

    I am a lawyer

  • @sigxm5thumb
    @sigxm5thumb 2 дні тому

    China can’t do anything to the US as far as I’m concerned if you can’t stand up and fight one on one with your military than it’s no problem

  • @bunangst8415
    @bunangst8415 2 дні тому

    The CCP is guilty of generations of crimes against humanity.

  • @peterirvin7121
    @peterirvin7121 2 дні тому

    I would love to know what we could accomplish in this world if the Catholic Church commanded its followers to leave public office.

  • @FullmetalSP1
    @FullmetalSP1 3 дні тому

    A cute and informative video produced by a shady, evil, religious fundamentalist organisation that works in secret to elect a cabal of judges that think of little else than how to strip rights from the American people and immiserate the majority.

  • @MichaelVHart
    @MichaelVHart 3 дні тому

    Stefan Cassella gave a masterful performance. What an experienced, eloquent professional! Beyond impressive.

  • @Victor-tl4dk
    @Victor-tl4dk 3 дні тому

    12:13 yeah, 98% is not 'robust security and oversight.' This is 98% of approvals for people whose interest is to twist things and try and sidestep the law in the moment to 'get justice.' And in practice all of these 'actors' 'act' as little more than 'dominoes' ( 11:49 )

  • @2the431
    @2the431 3 дні тому

    Guarantee you not one of these people give a sh*t about the Constitution

  • @Greenhornet204
    @Greenhornet204 3 дні тому

    Really. Fyi when TRUMP wins there will be NO MORE ELECTIONS

  • @joegearing1745
    @joegearing1745 3 дні тому

    These unethical justices are YOUR picks. Why the f#$k are you picking supreme court justices to roll back women's rights in the first place? Take your Christo-fascist fever dream and GTFO of politics, fools.

  • @davidjonburke2729
    @davidjonburke2729 3 дні тому

    Why not just make devises illegal till kids are 18. Or we could be like North Korea.. only government has the power no porn no social media

  • @zoflowsharkey
    @zoflowsharkey 3 дні тому

    The imploding of our already busted government has begun

  • @brucethecurmudgeon8538
    @brucethecurmudgeon8538 3 дні тому

    Yes we need it to prevent a police state.

  • @JW_______
    @JW_______ 3 дні тому

    The New York case was a stretch on so many different levels that it can not but be understood by all but the most biased Democrats as crossing the line of political prosecution.

  • @freeyesmaybe
    @freeyesmaybe 3 дні тому

    I like what this guy presents search Conservation Easements with Arbitration Clauses Prevent Gov. Land Grabs

  • @scottperry9581
    @scottperry9581 3 дні тому

    The hill will criticize when the court dismisses precedent ala Roe v Wade. The courts legitimacy is legitimately question when overturning such an established precedent, The court's ethics can be questioned when a justice accepts and fails to report giftsof over $4 million. The court's legitimacyt is question when the Senate monkeys with additions to the court; preventing a president from replacing a justice on their other. You all are ignoring the elephants in the room with your convenient foci. It is difficult to believe in your sinserity because you avoid the issues that are the most problematic. Your arguments are couched in a in a myopic perspective whick=h reeks of disengenuousness. Who exactly do you think you are fooling?

  • @michonewilliams2024
    @michonewilliams2024 4 дні тому

    Help America dirty!

  • @donlino665
    @donlino665 4 дні тому

    It’s a justification for censorship people should have the freedom to say whatever they want the only thing they should know are the consequences

  • @saveamericanfreedom2400
    @saveamericanfreedom2400 4 дні тому

    We should have had regulations before AI was created. You're moving too fast too soon slow it down. Many questions and many things need to be answered before we continue down this path.

  • @dowaliby1
    @dowaliby1 4 дні тому

    The author only has the rights to derivative works if he/she is the copyright holder. In many cases those rights have been conveyed to the publisher as part of the deal between the author and the publisher. In other cases, the author waives copyrights as a matter of law if the book or other writing is a "work for hire.".

  • @Habitual_Liar
    @Habitual_Liar 4 дні тому

    Supreme Court justices excepting millions of dollars in gifts. Ethics?!

  • @caloebs
    @caloebs 4 дні тому

    Hillary & destruction of evidence? Biden & his classified docs?

  • @foreverendeavoramen333
    @foreverendeavoramen333 4 дні тому

    Many thanks

  • @sparty2761
    @sparty2761 4 дні тому

    This is a great description on Solzhenitsyn, we are lucky to have it.

  • @bryanbogasky4944
    @bryanbogasky4944 4 дні тому

    You would find Fox v Gratiot County. Saginaw MI interesting