ABOUT THE AUTHORS

Abstract

John H. Barton, JD, is the George E. Osborne Professor of Law, Stanford University Law School, on the faculty since 1969. His subjects include technology as a business asset, law and biotechnology, international institutions, international business, and international antitrust law. Prof. Barton has published widely on intellectual property and antitrust law. He is co-director of the Stanford Law and Technology Policy Center. He was chair of the United Kingdom's Department for International Development Commission on Intellectual Property Rights. He has served as chair of the National Genetic Resources Advisory Council of the U.S. Department of Agriculture and as a member of the National Institute of Health (NIH) Recombinant DNA Advisory Committee and the NIH's Working Group on Research Tools. Prof. Barton has held several visiting professorships, including those at Harvard University, winter 1988; the University of San Francisco Dublin Program, summer 1987; and the University of Michigan, fall 1981. He also served in the U.S. Navy, June 1958 to June 1961, as a junior officer. He received his JD (Law Review) from Stanford University, his BS (magna cum laude) from Marquette University, and attended Phillips Exeter Academy. Lee Bendekgey, JD, has served as general counsel to Incyte Genomics, Inc., since January 1998. Prior to joining Incyte, Mr. Bendekgey held various legal and business development positions with SGI beginning in March 1993. From 1982 to 1993, Mr. Bendekgey held associate and partner positions with Graham & James, a law firm in San Francisco, where he specialized in intellectual property protection and licensing. Mr. Bendekgey received his BA magna cum laude in political science and French from Kalamazoo College and his JD from Stanford University. Rebecca S. Eisenberg, JD, is the Robert and Barbara Luciano Professor of Law at the University of Michigan Law School. She has been an active participant in public-policy debates regarding intellectual property in biomedical research and is a member of the Panel on Science, Technology and Law of the National Academies. Professor Eisenberg is also a member of the advisory committee to the director of the National Institutes of Health. George C. Elliott, PhD, is a practice specialist at Technology Center 1600, which examines applications in biotechnology, organic chemicals, and pharmaceuticals at the United States Patent and Trademark Office (USPTO). He has a PhD in biology from the University of Utah and did postdoctoral research in DNA repair and replication mechanisms prior to joining the USPTO as a patent examiner in 1989. From 1996 through 2000, he was a super-visory patent examiner, leading units responsible for applications dealing with gene expression, gene regulation, and antisense therapeutics. Mr. Elliott was appointed a Department of Commerce Science and Technology Fellow for 2001, and spent the year with the staff of the Science, Technology and Economic Policy Board at the National Academies, where he worked on a major study of intellectual property rights in the knowledge-based economy. As noted earlier, the views expressed in this commentary are solely those of Mr. Elliott and not the USPTO. Jorge A. Goldstein, PhD, JD, is a founding director of the Bio-technology Group of the intellectual property law firm of Sterne, Kessler, Goldstein & Fox P.L.L.C. (SKGF). He holds a PhD in chemistry from Harvard University (1976) and has done postdoctoral research at the Massachusetts Institute of Technology. He received his JD (with high honors) from the George Washington University National Law Center in 1982. His recent legal publications include: “When Worlds Collide,” Legal Times (1997); and “Patenting the Tools of Drug Discovery,” Drug Discovery World (summer 2001). Elina Golod, JD, is an attorney in Chicago, Illinois, and was a 2001 summer associate at Sterne, Kessler, Goldstein & Fox. She holds a degree in cell and structural biology from the University of Illinois at Urbana-Champaign and received her JD from Chicago–Kent College of Law in January 2002. Diana Hamlet-Cox, PhD, JD, vice president, intellectual property, has been with Incyte Genomics, Inc., since 1999. She has practiced biotechnology and pharmaceutical patent law for over 14 years, first with the firm Millen, White, Zelano & Branigan, P.C., in Arlington, Virginia, from 1988 until 1999, when she joined Incyte. Dr. Hamlet-Cox received her BS degree in biology from Yale University in 1975, her PhD in biological chemistry from the UCLA School of Medicine in 1985, and her JD, specialty track program in patent law, from George Mason University School of Law in 1992. She was admitted to the patent bar in 1988, the Virginia bar in 1992, and the California bar in 2000. Stephen J. Heinig, one of the guest editors of this theme issue of Academic Medicine, is a senior staff associate in the AAMC's Division of Biomedical and Health Sciences Research, where he has assumed a leading role in the analyses of issues relating to policies on intellectual property, technology transfer, and federal support for biomedical research. He was a contributing author to a recent science policy forum, “The NIH budget in the ‘postdoubling’ era” (Korn et al., Science, May 2002) and has assisted Dr. Korn in guiding the Association's response to a number of federal initiatives that, by design or effect, seek to alter the terms of the federal–academic partnership in research established under the Bayh–Dole Act and other statutes and regulations. Mr. Heinig also serves as lead staff to the AAMC's Advisory Panel on Research. Prior to joining the Association in 1997, he was a policy analyst for the Federation of American Societies for Experimental Biology. He earned a master's degree in science, technology and public policy from George Washington University and a bachelor's degree from Georgetown University. David Korn, MD (Harvard), one of the guest editors of this theme issue of Academic Medicine, is senior vice president for biomedical and health sciences research at the Association of American Medical Colleges, and Stanford University vice president, dean of medicine, and professor of pathology, emeritus. He served as chair of the National Cancer Advisory Board from 1984 to 1991, and chair of the special subcommittee of the FDA's Science Board to review the intramural research program of the agency in 1995–96. Dr. Korn was a founder of the California Transplant Donor Network, one of the nation's largest organ procurement organizations, and more recently, of the Association for Accreditation of Human Re-search Protection Programs (AAHRPP). He is a pathologist and molecular biologist, and has led many societies, councils, and boards. In recent years, Dr. Korn's speaking and writing have focused on science policy and academic integrity, with recent publications in NEJM, AJLM, Science, and Academic Medicine. Dr. Korn has been heavily engaged on the national scene promoting policies to strengthen biomedical research, especially clinical research, and to articulate the voice of science in public debates over how to protect access to medical records and biological samples for research while respecting individual privacy interests. Debra G. B. Leonard, MD, PhD, joined the faculty of the University of Pennsylvania in 1996 as director of the Molecular Pathology Laboratory in the Department of Pathology and Laboratory Medicine, and as director of the Molecular Diagnostics Core Facility of the University of Pennsylvania Cancer Center. Her Molecular Pathology Laboratory develops and performs genetic, oncology, and infectious disease molecular tests, and the core facility provides molecular testing support for numerous clinical investi-gations on the University of Pennsylvania campus. Dr. Leonard completed MD and PhD degrees at New York University, where she also did her postgraduate clinical training in anatomic pathology, including a surgical pathology fellowship. From 1992 to 1996, Dr. Leonard established and directed the Molecular Diagnostics Laboratory at Case Western Reserve University and the University Hospitals of Cleveland. Dr. Leonard is associate professor of pathology and laboratory medicine, and was president of the Association for Molecular Pathology. She serves on numerous national committees. Kate H. Murashige, PhD, Morrison & Foerster, Washington, D.C., is a partner and co-chair of the firm's patent group. Her practice focuses on biotechnology and other bioscience matters. She has practiced law since 1977, serving in positions with the firm of Lyon & Lyon of Los Angeles and in corporate practice at Syntex. In 1983, she left Genentech to form Ciotti & Murashige, which became one of the nation's premier biotechnology practices. The group merged with Morrison & Foerster in 1991. Dr. Murashige has taught college chemistry and was physical sciences chairperson of the College of San Mateo for six years. She was formerly president of the Peninsula Intellectual Property Law Association, and a member of the United States Patent and Trademark Office Biotechnology Institute Board. She served on the former National Biotechnology Policy Board for the National Institutes of Health. She has been an invited speaker at the Human Genome Conference on patent matters within that context and has been an advisor with respect to the general matter of gene patenting to the former Congressional Office of Technology Assessment (OTA). She has spoken before members of Congress and their staffs regarding the Human Genome Project and speaks regularly on patent matters, especially those involving the biotechnology industry. Dr. Murashige received her BA from Washington University in St. Louis in 1956, her PhD from UCLA in 1962, and her JD, summa cum laude, from Santa Clara University School of Law in 1977. Richard R. Nelson, PhD, the George Blumenthal Professor of In-ternational and Public Affairs at Columbia University, focuses his research on long-term economic change, including technologic advances and the progress of economic institutions. His recent publications include The Sources of Industrial Leadership (with David C. Mowery, 1999). Arti Rai, JD, is assistant professor of law at the University of Pennsylvania Law School. She graduated from Harvard College, attended Harvard Medical School, and received her law degree from Harvard Law School. After law school, Rai clerked for Judge Marilyn Hall Patel of the Northern District of California. She has been a litigation associate at the Washington, D.C., office of Jenner & Block and an attorney at the Federal Programs Branch of the U.S. Department of Justice. Immediately prior to entering law teaching, Rai was a faculty fellow at Harvard University's Program on Ethics and the Professions. Her teaching and scholarly interests include law and biotechnology, patent law, and health care regulation. She has authored numerous articles in these areas and is also a co-author of Law and the Mental Health System: Civil and Criminal Aspects (1999). Rai serves on the board of editors of the American Journal of Law and Medicine. Prior to joining the University of Pennsylvania, Rai taught at the University of San Diego Law School. She also has taught health law and policy at the University of Chicago Law School. Frederic M. Scherer, MBA, PhD, is Aetna Professor Emeritus at the John F. Kennedy School of Government, Harvard University, and lecturer with the rank of professor at Princeton University. He has also taught at the University of Michigan, Northwestern University, Swarthmore College, the Central European University, and the University of Bayreuth. From 1974 to 1976, he was chief economist at the Federal Trade Commission. His undergraduate degree was from the University of Michigan; he received his MBA and PhD from Harvard University; and he holds an honorary doctorate from the University of Hohenheim, Germany. His research spe-cialties are industrial economics and the economics of technolog-ical change, leading inter alia to books including Industrial Market Structure and Economic Performance (third edition with David Ross); The Economics of Multi-Plant Operation: An International Comparisons Study (with three co-authors); International High-Technology Competition; The Economic Effects of Compulsory Patent Licensing; Mergers, Sell-offs, and Economic Efficiency (with David J. Ravens-craft); Innovation and Growth: Schumpeterian Perspectives; The Weapons Acquisition Process (two volumes, one with M. J. Peck); Industry Structure, Strategy, and Public Policy; and New Perspectives on Economic Growth and Technological Innovation.