“Infringement by label” is when a court treats drug labels as if they were patent claims, assessing whether their text merely “contains” a patented method of use, and it is also the subject of the latest scholarly research from Professor Jacob Sherkow. Writing in the Stanford Law Review, Sherkow explains how infringement by label threatens the ability of generic drugs to enter the market and how this creates a lack of clarity in the about patent infringement.
Professor Jacob Sherkow has co-authored a new paper with Laura Valtere (University of Copenhagen – CeBIL) and Timo Minssen (University of Copenhagen – CeBIL) titled “Intellectual Property, New Genomic Technologies And Plant Innovation: Clearing Innovation Pathways.” The abstract follows:
New genomic technologies (NGTs), such as genome editing-the modification of DNA in living cells-promises to revolutionize agriculture. Beyond simply yielding new, commercially viable crop varieties, NGTs also hold out promise of using novel crops as a “biosolution”-methods to improve sustainability practices by reducing pesticide usage, improving drought tolerance, increasing yield, and minimizing food and fertilizer waste. At the same time, the complex global system of intellectual property (IP) protection for crops has largely been unchanged for decades. There is accordingly some concern that the current crop IP system will not bring the promise of agricultural biosolutions to fruition. This Article reviews NGTs as biosolution and explores how they fit into the current international IP system for crops. Against this backdrop, this Article also reviews several current proposals to crop IP regime, before tentatively suggesting recommendations for rebalancing the incentive structures in crop IP.
On November 11, 2025, Jacob S. Sherkow was invested as the Richard W. and Marie L. Corman Professor of Law in a ceremony honoring his commitment to scholarship, teaching, and public engagement. In remarks shared at the ceremony, Dean Jamelle Sharpe said, “Professor Sherkow’s achievements—and the real-world impact of his work—represent the very best of what makes the University of Illinois one of the world’s finest research institutions.”
Professor Sherkow joined the University of Illinois in 2020, where he holds appointments in the College of Law, the Carle Illinois College of Medicine, the European Union Center, and the Carl R. Woese Institute for Genomic Biology. His research focuses on intellectual property, regulation, and bioethics of advanced biotechnologies. He is a leading expert on IP protection for genome-editing technologies, such as CRISPR. Jake is the author of over 75 articles published in both scientific journals and traditional law reviews, including Science, Nature, JAMA, the Yale Law Journal, and the Stanford Law Review. His scholarship has been cited by various federal courts, including the Supreme Court, and he has been extensively quoted in popular media outlets such as The Wall Street Journal, The New York Times, The Washington Post, and NPR. His full bio is available on his faculty profile page.
Professor Sherkow’s endowed position was established by Richard W. Corman (‘40) and Marie L. Corman in 1984. Mr. Corman was a special agent of the FBI for 23 years before practicing in Virginia, where he became a member of the judiciary and also served in the Virginia General Assembly. Joined by his family, Sherkow was honored with speeches from Dr. Amy Santos, associate provost for faculty development and professor in the Department of Special Education, as well as Professor Colleen Murphy, associate dean for academic affairs.
Watch the investiture ceremony on our YouTube channel.
A new article covering the sharing of genomic data across international borders by Professor Jacob Sherkow has been published by the journal International Data Privacy Law. “A sociotechnical approach to genomic data privacy: a comparative analysis” examines new technology designed to process genomic data within a secure computing
environment that can comply with and align European Union and U.S. privacy laws that may differ in several ways.
Professor Jacob Sherkow delivered his lecture, “What’s the Skinny? Drug Labels and Patent Infringement,” at Chicago-Kent College of Law on Tuesday, October 28. The event focused on the role of drug labeling in pharmaceutical patent litigation and included discussion of the pending Supreme Court cert petition in Hikma v. Amarin, on which the Supreme Court has called for the views of the Solicitor General.
On October 27, Professor Jacob Sherkow will be speaking at the Intellectual Property Workshop at Michigan Law School. He will be presenting a paper on the law of inducement in the pharmaceutical patent infringement cases, which is forthcoming in the Stanford Law Review.
Professor Jacob Sherkow has published “A ‘Bare Hope of A Result’: The Second CRISPR Patent Appeal” in The CRISPR Journal. In the article, Sherkow provides an overview of the dispute to date, reviews the Federal Circuit’s recent opinion, and provides a critique of its analysis.
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.
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.
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.”