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Eisenberg, Rebecca S.

Robert and Barbara Luciano Professor of Law

407 Hutchins Hall
734.763.1372
E-mail rse@umich.edu
Rebecca S. Eisenberg, the Robert and Barbara Luciano Professor of Law, is a graduate of Stanford University and Boalt Hall School of Law at the University of California, Berkeley, where she was articles editor of the California Law Review. Following law school she served as law clerk for Chief Judge Robert F. Peckham of the U.S. District Court for the Northern District of California and then practiced law as a litigator in San Francisco. She joined the Michigan Law faculty in 1984. Prof. Eisenberg regularly teaches courses in patent law, trademark law, FDA law, and runs workshops on intellectual property and student scholarship. She has previously taught courses on torts, legal regulation of science, and legal issues in biopharmaceutical research. She has written and lectured extensively about the role of intellectual property in biopharmaceutical research, publishing in scientific journals as well as law reviews. She spent the 1999-2000 academic year as a visiting professor of law, science, and technology at Stanford Law School. She has received grants from the Ethical, Legal, and Social Implications program of the Human Genome Project from the U.S. Department of Energy Office of Biological and Environmental Research for her work on private appropriation and public dissemination of DNA sequence information. Prof. Eisenberg has played an active role in public policy debates concerning the role of intellectual property in biopharmaceutical research.

Recent Publications

More Publications...


​Co-author. "Patent Punting." D. A. Crane, co-author. Mich. Telecomm. & Tech. L. Rev. (Forthcoming, 2015).

"Fostering Frugal Innovation." (Forthcoming).

Co-author. "Patents and Regulatory Exclusivity in the USA." J. R. Thomas, co-author. In Encyclopedia of Health Economics, edited by A. J. Culyer, 443-52. Elsevier, 2014.​

"Prometheus Rebound: Diagnostics, Nature, and Mathematical Algorithms." Yale L. J. Online 122 (2013): 341-9.
Full Text: WWW

"Wisdom of the Ages or Dead-Hand Control? Patentable Subject Matter for Diagnostic Methods After In Re Bilski." Case W. Res. J. L. Tech. & Internet 3, no. 1 (2012): 1-65.
Full Text: MLaw Repository | SSRN | HEIN (UMich users) | HEIN | Westlaw

"Patents and Regulatory Exclusivity." In Oxford Handbook on the Economics of the Biopharmaceutical Industry, edited by P. Danzon and S. Nicholson, 167-98. Oxford: Oxford University Press, 2012.

"Patent Costs and Unlicensed Use of Patented Inventions." U. Chi. L. Rev. 78, no. 1 (2011): 53-69.
Full Text: HEIN (UMich users) | HEIN | Westlaw

"Data Secrecy in the Age of Regulatory Exclusivity." In The Law and Theory of Trade Secrecy: A Handbook of Contemporary Research, edited by R. C. Dreyfuss and K. J. Strandburg, 467-91. Edward Elgar Publishing, 2011.

"Costs, Norms, and Inertia: Avoiding an Anticommons for Proprietary Research Tools." Comment In Working Within the Boundaries of Intellectual Property: Innovation Policy for the Knowledge Society, edited by R. C. Dreyfuss, H. First, and D. L. Zimmerman, 176-91. New York: Oxford Univ. Press, 2010.

"One Size Fits All, After Tailoring." Review of The Patent Crisis and How the Courts Can Solve It, by D. L. Burk and M. A. Lemley, co-authors. Science 325, no. 5948 (2009): 1625.
Full Text: Science (UMich users) | Science
 
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