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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, 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...


Shifting Institutional Roles in Biomedical Innovation in a Learning Healthcare System. University of Michigan Law & Economics Research Paper No. 17-011 and University of Michigan Public Law Research Paper No. 560. Working Paper.
Full Text: SSRN

"Opting Into Device Regulation in the Face of Uncertain Patentability." Marq. L. Rev. (Forthcoming).

"Fostering Frugal Innovation." (Forthcoming).

"Fallen Angels of the Bayh-Dole Era." R. M. Cook-Deegan, co-author. Daedalus (Forthcoming).

"Defer(ence) or Defer(ral): The Importance of Timing in Allocating Responsibility for Patents Between the PTO and the Courts." Iowa L. Rev. (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, U.K.: Edward Elgar Publishing, Forthcoming, 2018.

"Cannabis for Medical Use: FDA and DEA Regulation in the Hall of Mirrors." Deborah Leiderman, co-author. Food & Drug L.J. (Forthcoming).

"Universities: The Fallen Angels of Bayh-Dole?" Robert Cook-Deegan, co-author. Daedalus 147, no. 4 (2018): 76-89.
Full Text: MIT Press (UMich users) | MIT Press

"Shifting institutional roles in biomedical innovation in a learning healthcare system." J. Int'l Econ. (2018). (Published online, print not yet published)
Full Text: Cambridge Core (UMich users) | Cambridge Core

"Intellectual Property and Public Health." In Oxford Handbook of Intellectual Property Law, edited by R. C. Dreyfuss and J. Pila, 931-57. Oxford: Oxford University Press, 2018.
Full Text: Oxford Handbooks Online (UMich users) | Oxford Handbooks Online

"Promoting Healthcare Innovation on the Demand Side." W. N. Price, co-author. J.L. & Biosciences 4, no. 1 (2017): 3-49.
Full Text: MLaw Repository | Lexis | Oxford Journals (UMich users) | Oxford Journals | SSRN

"Insurance for broad genomic tests in oncology." Harold Varmus, co-author. Science 358, no. 6367 (2017): 1133-4.
Full Text: WWW

"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." B.U. J. Sci. & Tech. L. 21, no. 2 (2015): 256-86.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw | WWW