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Eisenberg, Rebecca S.

Robert and Barbara Luciano Professor of Law

407 Hutchins Hall
Rebecca S. Eisenberg, the Robert and Barbara Luciano Professor of Law, specializes in patent law and the regulation of biopharmaceutical innovation. She teaches courses about patent law, trademark law, international intellectual property law, and FDA law, and runs workshops about intellectual property and student scholarship. She has written and lectured extensively about the role of intellectual property in biopharmaceutical research, publishing in leading law reviews and scientific journals. She spent the 1999–2000 academic year as a visiting professor of law, science, and technology at Stanford Law School and the spring of 2012 as a visiting scholar at the Berkeley Center for Law & Technology. Professor Eisenberg has played an active role in public policy debates concerning the role of intellectual property in biopharmaceutical research, advising the National Institutes of Health and the National Academies of Science. She 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 the Hon. 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.

Recent Publications

More Publications...

Co-author. Promoting Healthcare Innovation on the Demand Side. W. N. Price, co-author. U of Michigan Law & Econ Research Paper No. 16-008 and U of Michigan Public Law Research Paper No. 503. Working Paper.
Full Text: MLaw Repository

"IP and Public Health." In Oxford Handbook of IP Law, edited by R. C. Dreyfuss and J. Pila. Oxford: Oxford University Press, Forthcoming.

"Anticommons, Transaction Costs, and Patent Aggregators." In Research Handbook on the Economics of Intellectual Property Law, edited by P. Menell, B. Depoorter, and D Schwartz. Cheltenham, UK: Edward Elgar, Forthcoming.​

"Fostering Frugal Innovation." (Forthcoming).

Co-author. "Patent Punting: How FDA and Antitrust Courts Undermine the Hatch-Waxman Act to Avoid Dealing with Patents​." D. A. Crane, co-author. Mich. Telecomm. & Tech. L. Rev. 21, no. 2 (2015): 197-262.
Full Text: MLaw Repository | HEIN (UMich Users) | HEIN | Lexis | Westlaw | SSRN

"Diagnostics Need Not Apply." J. Sci. & Tech. L. 21, no. 2 (2015): 256-86.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | WWW

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: MLaw Repository | HEIN (UMich users) | HEIN | WWW