Cardozo Law Review
Abstract
This Note addresses the novel and still unresolved issues raised by the facts underlying Zenith. Part I describes the patent law system and its importance to the pharmaceutical industry. Part II discusses statutory interpretation issues raised by Zenith, relating to direct infringement and associated third party liability, as they pertain to the metabolic processes of living beings. Part III analyzes these issues in light of the existing case law. Part IV integrates the discussion by proposing a set of factors to be weighed in analyzing infringement actions against third parties that is consistent with the prevailing jurisprudence, the underlying purposes of the patent law system, and the pharmaceutical industry's reliance on patents.
Keywords
Food and Drug Law, Intellectual Property Law, Congress, Legislative Branch, Torts
Disciplines
Food and Drug Law | Intellectual Property Law | Law | Torts
Recommended Citation
Eitan A. Ogen,
Assembling a Theory of Infringement: Third Party Liability Based on in Vivo Production of Patented Pharmaceuticals,
17
Cardozo L. Rev.
117
(1995).
Available at:
https://larc.cardozo.yu.edu/clr/vol17/iss1/6