Lisa L. Ouellette
@patentscholar.bsky.social
6.7K followers 170 following 57 posts
Prof at @StanfordLaw.bsky.social, Senior Fellow at @SIEPR.bsky.social, physics PhD. Researching IP & innovation. Coauthor of free patent casebook: patentcasebook.org
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Reposted by Lisa L. Ouellette
mattsclancy.bsky.social
New research by Pierre Azoulay, Danielle Li, Bhaven Sampat and me.

Earlier this year, the President’s budget proposed a 40% cut to the budget of the NIH. This motivated us to ask: what if the NIH had been 40% smaller?
Reposted by Lisa L. Ouellette
hollylynchez.bsky.social
This is bonkers. FDA is going to change leucovorin's label based on a lit review with data on 40 patients w/ cerebral folate deficiency and comparisons to "known natural history."

www.statnews.com/2025/09/22/f...
FDA brings back GSK's leucovorin drug that RFK Jr. touted as autism treatment
The Trump administration is touting leucovorin as a treatment for autism.
www.statnews.com
Reposted by Lisa L. Ouellette
genevievelakier.bsky.social
In this post I explain why the suspension of Kimmel’s show looks like a blatant 1A violation, as all NINE members of SCOTUS last year made clear.... but also why courts may not be able to do much about it (and yet Kimmel should still sue!) blog.dividedargument.com/p/did-brenda...
Did Brendan Carr Violate the First Amendment? And Can Anything Be Done?
the constitutional law of jawboning
blog.dividedargument.com
Reposted by Lisa L. Ouellette
Reposted by Lisa L. Ouellette
joshgerstein.bsky.social
JUST IN: 9th Circuit panel refuses Trump administration bid to lift order requiring it to reinstate University of California grants canceled under Trump DEI orders. 3-0. Judges Paez (Clinton), Christen (Obama), Desai (Biden). Doc: www.documentcloud.org/documents/26...
UCResearcherStayCA9082125
www.documentcloud.org
patentscholar.bsky.social
New article with @marklemley.bsky.social on how genAI facilitates academic plagiarism, why this shouldn't become a copyright/legal problem, and what universities should do about it (forthcoming in U Chi L Rev Online): papers.ssrn.com/abstract=539...
The figure shows a Venn diagram with three overlapping circles labeled “Copyright Infringement,” “Plagiarism,” and “Bad Scholarly Practices.” It maps common behaviors to the regions where these circles intersect: copying expression without attribution (in all three); copying ideas or facts without attribution (plagiarism + bad scholarly practice); copying expression with attribution but beyond what’s needed for a research purpose (copyright infringement + bad scholarly practice); copying ideas or facts with attribution to unreliable sources (bad scholarly practice only); and copying expression with attribution for a research purpose (copyright infringement only, but will generally be fair use).
patentscholar.bsky.social
The @statnews.com story suggests they are thinking of march-in rights, but that would only allow them to grant additional licenses after determining that certain statutory criteria are met, which Harvard could appeal to the Court of Federal Claims (see 35 USC 203) www.statnews.com/2025/08/08/h...
Trump administration launches investigation into Harvard’s federally funded research patents
The Trump administration escalates its fight with Harvard, beginning the "march-in" process involving patent ownership.
www.statnews.com
patentscholar.bsky.social
This threat to "take over" Harvard's patents is bewildering—seems like yet another example of using a tenuous legal threat to retaliate against universities for not complying with unrelated demands. I'm quoted in this WSJ story (gift link):
Trump Administration Threatens to Take Over Harvard’s Patents
The move is the latest escalation in the White House’s battle with the Ivy League school.
www.wsj.com
Reposted by Lisa L. Ouellette
mzinshteyn.bsky.social
NEW: Trump's suspensions of UCLA's research grants is around 800 -- the ~300 we knew about for NSF and *500* NIH grants. That's according to a memo a UCLA administrator sent to the campus's researchers with grants two hours ago.
Reposted by Lisa L. Ouellette
design-law.bsky.social
Are there any other areas where people can get access to the system the agency's initial decisionmakers will use, but only if they pay?
amylanders.bsky.social
The USPTO's design patent search tool is also available to law firms and corporations through Clarivate (for a fee, presumably). I'm not sure how I feel about the gov't using AI that is paywalled for the private sector. But here we are. clarivate.com/intellectual...
patentscholar.bsky.social
Or Harberger self-assessed property taxation, mentioned in patent context by Posner & Weyl (academic.oup.com/jla/article/...) and discussed in more detail by Daniel Hemel (lawreview.uchicago.edu/sites/defaul...) as improvement to patent buyout proposals
patentscholar.bsky.social
Indeed! It's related to proposals to get firms to self-value IP for tax purposes but also be stuck with those valuations for licensing/damages purposes.
patentscholar.bsky.social
I would have said the same about many recent policy changes…
patentscholar.bsky.social
Could be a major change to patent fee structure: Commerce is "discussing charging patent holders 1% to 5% of their overall patent value" as part of Howard Lutnick's "plans to raise revenue and narrow the government's budget deficit" www.wsj.com/politics/pol...
Exclusive | Trump Administration Weighs Patent System Overhaul to Raise Revenue
Commerce Department officials are discussing a new fee based on patent value, which could fuel backlash from businesses.
www.wsj.com
Reposted by Lisa L. Ouellette
law.stanford.edu
“Despite billions in public and private funding, therapeutic development in the United States remains poorly aligned with the country’s most pressing health needs,” says SLS’s @patentscholar.bsky.social, co-author of a new @theNASEM report on drug development reform. law.stanford.edu/stanford-law...
Stanford Law’s Lisa Ouellette Helps Shape New Report on Drug Development Reform | Stanford Law School
The diseases causing the most suffering and death in the United States do not always attract investment in new treatments. That’s the disconnect exp
law.stanford.edu
Reposted by Lisa L. Ouellette
sarahkarlin-smith.bsky.social
One of FDA's Oncology Division has lost what is essentially the equivalent of a full drug review team. It's malignant hematology review teams are expected to have a staff less than half the intended size as more staff depart this August.
insights.citeline.com/pink-sheet/a...
US FDA Cancer Reviewers Heading For The Exits, Potentially Impacting Review Timelines
US FDA's cancer drugs division is feeling the effect of drug reviewer departures, despite efforts to keep them at the agency.
insights.citeline.com
Reposted by Lisa L. Ouellette
pamherd.bsky.social
Translation for non-scientists. The major funder for cancer research in the world is now only funding proposals that score in top 4 percent. They’re funding roughly 2/3 fewer proposals than they had in recent years. I suspect the funding line has actually never been this low.
mikefeigin.bsky.social
“With these considerations, we expect to fund through the 4th percentile.”

There it is, in black and white, the destruction of cancer research in the US.
professorantony.bsky.social
Funding policy for 2025 from NCI. Was just released: 4 percentile…maybe!
www.cancer.gov/grants-train...
Reposted by Lisa L. Ouellette
factpostnews.bsky.social
Reporter: The FDA has a new AI tool that's intended to speed up drug approvals. But several FDA employees say the new AI helper is making up studies that do not exist. One FDA employee telling us, 'Anything that you don't have time to double check is unreliable. It hallucinates confidently'
Reposted by Lisa L. Ouellette
bbkogan.bsky.social
Final CBO score of the "big beautiful bill" is out

Largest Medicaid cuts ever - in fact, at least 4 times the size of the previous largest; $894-$990 bn cut

Kicks 10 million off health insurance

Largest SNAP cuts ever, $197 bn cut

Still increases the deficit by $3.4 trillion from huge tax cuts
Reposted by Lisa L. Ouellette
mzahneis.bsky.social
ICYMI: I covered the Senate approps committee's vote to preserve the NSF's funding. While far from a done deal, research advocates celebrated the news.

“For now, dodging an existential cut is a big win in light of everything that’s going on.” - @kennethmevans.bsky.social

#AcademicSky #HigherEd
Trump Proposed Slashing the National Science Foundation’s Budget. A Key Senate Committee Just Refused.
Legislation approved on Thursday by the Senate Committee on Appropriations would preserve nearly all of the NSF’s funding.
www.chronicle.com