Under pressure to overcome the ongoing global pandemic, the U.S. government faces political pressure and is motivated to take any and all measures to facilitate the dissemination and use of innovation related to the diagnosis, treatment and prevention of COVID-19. There are various paths by which the federal government might seek to accomplish such goals, including via: (1) Compulsory Licensing, (2) March-in Rights under the Bayh-Dole Act of 1980, or (3) the Defense Production Act. As discussed in this alert, the conditions under which the government can pursue one of these paths and the likelihood that it will pursue it may vary.
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