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Arie Michelsohn

consults as counsel in patent law and litigation and related antitrust, and is Founding Principal of LexLaw.Consulting. He founded Lion Legal Products, a legal technology company based in Washington, D.C., in 2013, and has developed, a browser-based, total work space environment for lawyers, on a new platform called LEO. Arie is committed to the melding of law practice and computer science in the generation of what some have called “Centaur Lawyers.” We like to think about it as the integral development of uniquely lawyer-driven, technology solutions to optimize efficiency in a manner that is tuned to the ways lawyers think, and work in their actual practice of law. Arie is a Caltech PhD, Order of the Coif graduate of the George Washington University Law School, a former patent examiner at the U.S. Patent & Trademark Office, and a former law clerk to the Honorable Raymond C. Clevenger, III, of the U.S. Court of Appeals for the Federal Circuit.

Recent Articles by Arie Michelsohn

Reflections on Drug Patents and the High Cost of Healthcare

The Hatch-Waxman Act and the Biologic Price Competition and Innovation Act are both forged from a noble ideal, grounded in a commitment to a robust and earnest patent system that rewards real innovation… By the power vested in them by specially-reserved patent laws, drug patents are a patent species of their own universe. They can have the economic power of nuclear warheads, in an industry built on an exclusivity model worth hundreds of billions of dollars, per year. We simply cannot afford to fill the silos of those warheads with patent waste that does not innovate or improve upon anything, but which can wreak economic and social havoc, while feeding the general public’s perception that all patents stink.

Drug Patents and the High Cost of Healthcare: Case of Over-Advocacy for Under-Patentability

The price-tag for non-innovative drug patents, such as these second-wave Restasis patents, is substantial. Indeed, one cannot help but question Allergan’s true motivations for attempting to evade PTAB scrutiny of these patents by reliance on Tribal Immunity based on its deal with the St. Regis Mohawk Tribe. The PTAB, unlike the examiner corps, does have the ability to consider rebuttal expert testimony, and is thus not-so handicapped in its capacity to vet drug patents of questionable validity, with aplomb.