Kevin Outterson

Associate Professor of Law
B.S., Northwestern University
J.D., Northwestern University
University of Reading, Rotary Scholar
LL.M., University of Cambridge

Interests: global pharmaceutical markets; health disparities; and corporate governance

One of the most compelling problems in global pharmaceutical patent law is balancing the needs of innovation and access, particularly in medicines for low-income populations. Patent-based drug companies extol the importance of patents for pharmaceutical innovation; global health advocates decry the injustice of withholding life-saving therapies from people unable to afford more-expensive patented medicines. These questions of incentives and access are particularly important for antibiotics and other antimicrobials that can degrade in usefulness over time through resistance.

Kevin Outterson works to achieve equitable access without harming innovation incentives, through scholarship that bridges the gap between drug companies and low-income populations. He publishes in both legal journals (Yale Journal of Health Policy, Law & Ethics, Cardozo Law Review, University of Pittsburgh Law Review, Kansas Law Review, American Journal of Law & Medicine) and peer-reviewed medical and health policy journals (Health Affairs, Lancet Infectious Diseases, Environmental Philosophy, Medical Journal of Australia, Journal of Generic Medicines). He has contributed to four recent academic press books edited by leading global scholars.

Professor Outterson has testified on pharmaceutical marketing issues before legislative and regulatory bodies in several states, including West Virginia, Massachusetts, Vermont, Maine, New Hampshire and the District of Columbia. At the federal level, he has testified before the US Senate Committee on Health, Education, Labor, & Pensions on global drug pricing, and he has submitted testimony to USTR regarding compulsory licensing of drugs by Brazil and Thailand. Professor Outterson recently served as a speaker on global pharmaceutical intellectual property issues for WIPO and WHO. His other academic work focuses on health disparities, especially racial and linguistic disparities in health. His academic papers can be found at www.ssrn.com.

Professor Outterson’s background is also grounded in the realities of legal practice, as an associate and then a partner in two major U.S. law firms for more than a decade before joining Boston University. His practice included health care transactions domestically, as well as tax and corporate issues for nonprofit health systems and international businesses. He has served as an expert witness in corporate governance issues in state and federal court, defending depositions and testifying at trial.