Event
Thursday, March 25, 2021 — 1:00 PM TO 2:30 PM EDT
Video Webinar, presented by the Bayh-Dole Coalition and ITIF
Event Summary
Bayh-Dole’s “march-in” provision — which allows the government to mandate the relicensing of federally-funded innovations in limited circumstances — is often subject to misinterpretation. For nearly 20 years, critics have claimed that Bayh-Dole’s march-in right can be used as a price-setting mechanism — rather than a tool meant to ensure that private companies make good faith efforts to commercialize federally-funded inventions.
This video webinar, co-hosted by the Bayh-Dole Coalition and ITIF, clarifies the provision’s intent and explains once and for all how Bayh-Dole’s march-in right can and cannot be used. Speakers detail how misusing march-in rights as a price-setting mechanism would eliminate research, development, and investment incentives across the technology transfer, venture capital, and life sciences industries.
Articles cited during the webinar include:
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- Peter Amo and Michael Davis, “Why Don’t We Enforce Existing Drug Price Controls? The Unrecognized and Unenforced Reasonable Pricing Requirements Imposed upon Patents Deriving in Whole or in Part from Federally Funded Research,” Tulane Law Review Vol. 75, 631 (2001)
- John H. Rabitschek and Norman J. Latker, “Reasonable Pricing—A New Twist for March-in Rights Under the Bayh-Dole Act,” Santa Clara High Technology Law Journal Vol. 22, Issue 1 (2005)
- Stephen Ezell, “The Bayh-Dole Act’s Vital Importance to the U.S. Life-Sciences Innovation System,” Information Technology and Innovation Foundation (2019)
- Stephen Ezell, “Comments to NIST on Rights to Federally Funded Inventions.,” Information Technology and Innovation Foundation (2021)
Speakers
Joseph P. Allen
Executive Director, Bayh-Dole Coalition
Former President, National Technology Transfer Center
Stephen Ezell
Vice President of Global Innovation Policy, Information Technology and Innovation Foundation
Kathy Ku
Former Executive Director, Stanford University Office of Technology Licensing
Chief Licensing Officer, Wilson Sonsini
Lou Berneman
Founding Partner Emeritus, Osage University Partners
Managing Director, Texelerate
Former Managing Director, University of Pennsylvania Center for Technology Transfer
Former Director of Licensing and Business Development, Virginia’s Center for Innovative Technology
Past President, AUTM
Former Vice President and Trustee of LES
Wendy Streitz
President, Council on Governmental Relations (COGR)
Former Executive Director of Research Policy Analysis and Coordination, University of California
Former Associate Director of Technology Transfer, Auburn University
Gillian M. Fenton
President and Chair of the Board, LES (USA & Canada)
Special Counsel for Innovation and Government Collaborations, GSK Vaccines
Former VP, Associate General Counsel & Chief Intellectual Property Counsel, Emergent BioSolutions Inc.,