Jacob S. Sherkow | DEV-College of Law | Illinois

Sherkow cited extensively in blog post on drug labels

Chris Davies — Fri, 25 Jul 2025 16:30:33 +0000

In an analysis of a brief expected to be filed in the fall, the Patently-O blog cites the work of Professor Jacob Sherkow extensively in examining the ‘label-plus’ theory of inducement. This framework establishes that a generic drug’s label by itself cannot violate patent protections because of a congressionally authorized regulatory scheme. Sherkow’s work, in particular, helps illuminate the distinction between regulatory and factual speech in the particulars of the case at issue.

Read the full blog online.

Sherkow presents at ATRIP Congress in Copenhagen

Chris Davies — Fri, 25 Jul 2025 16:21:31 +0000

In June, Professor Jacob Sherkow traveled to Denmark to present his work, “Patent Eligibility, Secure Computing, and Genomic Data Sharing,” at the ATRIP Congress at the University of Copenhagen. His presentation took place on Monday, June 23, as part of the Intellectual Property & Justice: Balancing Frameworks in Patent Law portion of the conference.

Learn more about the event on the ATRIP Congress website.

Sherkow quoted in article on polygenic testing startups

Chris Davies — Fri, 27 Jun 2025 18:10:09 +0000

Polygenic testing startups offer consumers the chance of a “superbaby” by screening for genetic disorders and allowing parents to select certain embryos for fertilization; however, the ethics and the science of this practice are very controversial. Speaking to The San Francisco Standard, Professor Jacob Sherkow added his expertise on the issue. “[These companies] claim to have a proprietary algorithm, which, in reality, is a total black box,” he said. “If they are not completely accurate, consumers may make adverse health choices on the basis of misinformation.”

Read the full article from The San Francisco Standard.

Sherkow presents research at Cambridge

Chris Davies — Fri, 13 Jun 2025 14:16:52 +0000

Professor Jacob Sherkow recently had the chance to present his research, “A Sociotechnical Approach to Genomic Data Security: A Comparative Legal Analysis,” to the Law, Medicine and Life Sciences group at the University of Cambridge Faculty of Law. In addition to his position at the College of Law, where he serves as director of the Intellectual Property and Technology Law Program, Sherkow also holds appointments at the at the Carle Illinois College of Medicine, the European Union Center, and the Carl R. Woese Institute for Genomic Biology. He is a leading expert on IP protection for genome-editing technologies, such as CRISPR.

Multiple outlets quote Sherkow on CRISPR patent dispute

Chris Davies — Fri, 13 Jun 2025 14:12:27 +0000

The US Court of Appeals for the Federal Circuit ruled in May that the key patents on what many consider the defining biotechnology invention of the 21st century should be reconsidered. Jennifer Doudna and Emmanuelle Charpentier shared a 2020 Nobel Prize for developing the versatile gene-editing system CRISPR; however, the key patent rights were granted Feng Zhang of the Broad Institute of MIT and Harvard in 2014. The rights have been contested since, and the appeals court ruling officially opens the question of ownership anew. Our intellectual property expert, Professor Jacob Sherkow, was quoted in multiple outlets about the dispute and what it means.

MIT Technology Review quotes Sherkow on restoring the woolly mammoth

Chris Davies — Fri, 09 May 2025 16:11:19 +0000

Colossal Biosciences is making headlines with its bold initiative to bring back the woolly mammoth, but the venture raises significant ethical and legal questions. Professor Jacob Sherkow is quoted in a new article from the MIT Technology Review about the complexities surrounding intellectual property in de-extinction efforts. He notes that while natural animals cannot be patented, genetically modified organisms might be, leading to debates about ownership and commercialization of revived species.

Read the full article online.

Forthcoming paper by Sherkow focuses on drug labels

Chris Davies — Tue, 04 Mar 2025 20:00:09 +0000

A drug label is a vital piece of information in patent cases, but a series of recent decisions from the U.S. Court of Appeals for the Federal Circuit have changed how the court assesses claims. In a forthcoming article in the Stanford Law Review, Professor Jacob Sherkow calls this new confusion over labels “infringement by label.” In the paper, Sherkow and his co-author examine unresolved questions in patent law and return pharmaceutical patent litigation to factual and doctrinal basis.

Read the full article on SSRN.

Sherkow talks about Myriad’s importance a decade later

Chris Davies — Wed, 19 Feb 2025 20:11:11 +0000

Association for Molecular Pathology v. Myriad Genetics, Inc. was a cultural phenomenon when the Supreme Court’s ruling was issued, with the outcome taking a place on the front-page of most major newspapers in the United States. Reflecting more than 10 years on from the decision, however, Professor Jacob Sherkow tells the Carl R. Woese Institute for Genomic Biology that the Myriad decision ended up having little impact on biotechnology research.

Nature quotes Sherkow on researcher who treated her own cancer

Chris Davies — Wed, 19 Feb 2025 19:59:01 +0000

Self-treatment is a risky and controversial choice, as detailed in a new Nature article about a cancer researcher who decided to do research and treat her own breast cancer. In the article, Professor Jacob Sherkow is quoted about the dangers of publishing this kind of work; his comments are also included in a story for Futurism.

Read both the Nature article and the Futurism article online.

Sherkow presents before New York Intellectual Property Law Association

Law News — Tue, 26 Nov 2024 19:15:00 +0000

In September, Professor Jacob Sherkow delivered a presentation on the legal aspects of DNA sequencing cases to the New York Intellectual Property Law Association. His presentation, titled “Trade Secrets Committee Meeting: Litigating DNA Trade Secrecy,” covered whether DNA sequences are protectable by trade secrecy and if recent advances in DNA sequencing technology might destroy trade secrecy protection for certain kinds data. He reviewed the technology in the field and cases focused on DNA trade secrecy as well as provided practical suggestions for litigating DNA trade secrecy cases.