Jacob S. Sherkow

Associate Professor of Law

Jacob S. Sherkow

Curriculum Vitae

Jacob S. Sherkow is an Associate Professor of Law and affiliated faculty at the Innovation Center for Law and Technology, where he teaches Intellectual Property, Patent Law, Patent Litigation, FDA Law, and Property. His research focuses on the intersections of biotechnology, intellectual property, and regulatory law. Prof. Sherkow is the author of over a dozen articles on these and related topics in both traditional law reviews and scientific journals, and has been a frequent media commentator in the Wall Street Journal, the New York and Los Angeles Times, and NPR. His recent scholarship is available on SSRN.

Professor Sherkow comes to NYLS from Stanford Law School, where he was a Fellow in the Center for Law and the Biosciences. Prior to entering academia, he was a patent litigator at Gibson, Dunn & Crutcher in New York, where he litigated both pharmaceutical and high-tech patents. In 2011, Professor Sherkow, along with a team of attorneys, won the Frank Wheat Award for pro bono service. In 2010, he served as a law clerk to Judge Nicholas G. Garaufis in the U.S. District Court for the Eastern District of New York.

Professor Sherkow graduated cum laude from the University of Michigan Law School, where he was an editor of the Michigan Law Review and was the recipient of the Fred L. Leckie and James N. Adler Scholarships. He also holds an M.A. in biotechnology from Columbia University and a B.Sc. from McGill University, where he majored in molecular biology and English literature. In addition to his legal training, Professor Sherkow has several years of experience as a research scientist in molecular biology, and is a certified Editor in the Life Sciences (BELS).


Litigating Patented Medicines: Courts and the PTO (in progress).

Administrating Patent Litigation, 90 Wash. L. Rev. 205 (2015).

Preliminary Injunctions Post-Mayo and Myriad, 67 Stan. L. Rev. Online 1 (2014).

The Natural Complexity of Patent Eligibility, 99 Iowa L. Rev. 1137 (2014).

And How: Mayo v. Prometheus and the Method of Invention, 122 Yale L. J. Online 351 (2013).

Patent Infringement as Criminal Conduct, 19 Mich. Telecomm. & Tech. L. Rev. 1 (2012).

Negativing Invention, 2011 BYU L. Rev. 1091 (2011).

Note, A Call for the End of the Doctrine of Realignment, 107 Mich. L. Rev. 525 (2008).



The Effect of FDA Regulation on Genetic Diagnostic Testing (in progress).

The History of Patenting Genetic Material, 49 Annual Rev. Genetics (forthcoming 2015) (with Henry T. Greely).

Stem Cell Patents After the America Invents Act, 16 Cell Stem Cell 461 (2015) (with Christopher Thomas Scott).

Law, History and Lessons in the CRISPR Patent Conflict, 33 Nat. Biotech. 256 (2015).

Myriad Stands Alone, 32 Nat. Biotech. 620 (2014) (with Christopher Thomas Scott).

23andMe, the Food and Drug Administration, and the Future of Genetic Testing, 174 JAMA Internal Med. 403 (April 2014) (with Patricia J. Zettler and Henry T. Greely).

The Future of Gene Patents and the Implications for Medicine, 173 JAMA Internal Med. 1569 (2013) (with Henry T. Greely).

Federal Trade Commission v. Actavis, Inc. and Reverse Payment or Pay-for-Delay Settlements, 31 Nat. Biotech. 316 (2013).

What If Extinction Is Not Forever?, 340 Science 32 (2013) (with Henry T. Greely).

Differential Requirements for MCM Proteins in DNA Replication, 2 PLOS One 833 (2007) (with Gilles Crevel et al.).