Janet Freilich

Janet Freilich

Professor of Law

Class of 1960 Scholar

BA, Cornell University
JD, Harvard Law School
Postdoctoral Fellowship, Harvard Law School


Biography

Professor Janet Freilich writes and teaches in the areas of patent law, intellectual property, information law, and civil procedure. She has published or has articles forthcoming in peer reviewed journals including Science, The New England Journal of Medicine, The Lancet, JAMA, and the Review of Statistics and Economics and law reviews including the University of Pennsylvania Law Review, the Virginia Law Review, and others. Freilich was previously a professor at Fordham Law School where she received the Fordham Law Dean’s Distinguished Research Award. She has also received the Samsung-Stanford Patent Prize, the Irving Oberman Memorial Award in Intellectual Property, and the Cloud Based Research Computing Project Award.

Professor Freilich has spent time as a visiting scholar at Massachusetts Institute of Technology’s Sloan School of Management; Harvard Medical School’s Program on Regulation, Therapeutics, and Law; and at Boston University School of Law. She was Harvard Law School’s inaugural postdoctoral fellow in private law and intellectual property with the Program on the Foundations of Private Law. Prior to joining the academy, Freilich practiced law at Covington & Burling LLP. She graduated magna cum laude from Harvard Law School and summa cum laude from Cornell University with a bachelor’s degree in molecular biology.

Publications

Scroll left to right to view all publications

  • Janet Freilich & Arti K. Rai, Patents on AI-derived drugs: empirical evidence and legal challenges 44 Nature Biotechnology (2026)
    Scholarly Commons
  • Jeremy W. Jacobs, Garrett S. Booth, Noel T. Brewer & Janet Freilich, Unexplained Pauses in Centers for Disease Control and Prevention Surveillance: Erosion of the Public Evidence Base for Health Policy Annals of Internal Medicine (2026)
    Scholarly Commons
  • Janet Freilich & Soomi Kim, Is the Patent System Sensitive to Incorrect Information? 108 The Review of Economics and Statistics (2026)
    Scholarly Commons
  • Janet Freilich & W. Nicholson Price II, Uncorrected Boston University Law Review (2026)
    Scholarly Commons
  • Janet Freilich & W. Nicholson Price II, Data as Policy 66 Boston College Law Review (2025)
    Scholarly Commons
  • Janet Freilich & Aaron S. Kesselheim, Data manipulation within the US Federal Government 406 The Lancet (2025)
    Scholarly Commons
  • Janet Freilich & Arti K. Rai, What patents on AI-derived drugs reveal 388 Science (2025)
    Scholarly Commons
  • Janet Freilich & Aaron S. Kesselheim, Design Patents: A Potential Threat to Drug Competition Applied Health Economics and Health Policy (2025)
    Scholarly Commons
  • Janet Freilich, W. Nicholson Price II & Aaron S. Kesselheim, Disappearing Data at the U.S. Federal Government New England Journal of Medicine (2025)
    Scholarly Commons
  • Janet Freilich & Aaron S. Kesselheim, Frequency and Nature of Generic “Design Around” of Brand-Name Patents in the United States Clinical Pharmacology & Therapeutics (2025)
    Scholarly Commons
  • Janet Freilich, Do Academic Researchers Care About Patent Infringement? A PCR Case Study 63 Houston Law Review (2025)
    Scholarly Commons
  • Jordana Goodman, Christa J. Laser, Mark A. Lemley, Lisa Larrimore Ouellette, Melissa F. Wasserman, Saurabh Vishnubhakat, Janet Freilich, Jessica Silbey, David L. Schwartz & Neel U. Sukhatme, Ten Tips for Legal Empiricists 23 Journal of Technology and Intellectual Property (2025)
    Scholarly Commons
  • Janet Freilich, Law as a Lamp Post 110 Iowa Law Review (2025)
    Scholarly Commons
  • Janet Freilich & Aaron S. Kesselheim, The Patent Trial and Appeals Board: A Target for Prescription Drug Patent Reform? 332 JAMA (2024)
    Scholarly Commons
  • Janet Freilich, Michael J. Meurer, Mark Schankerman & Florian Schuett, A New Approach to Patent Reform 14 UC Irvine Law Review (2024)
    Scholarly Commons
  • Janet Freilich, Government Misinformation Platforms 172 University of Pennsylvania Law Review (2024)
    Scholarly Commons
  • Janet Freilich & Sepehr Shahshahani, Measuring follow-on innovation 52 Research Policy (2023)
    Scholarly Commons
  • Janet Freilich, Patents' New Salience 109 Virginia Law Review (2023)
    Scholarly Commons
  • Janet Freilich, Paths to Downstream Innovation 55 U.C. Davis Law Review (2022)
    Scholarly Commons
  • Janet Freilich, Ignoring Information Quality 89 Fordham Law Review (2021)
    Scholarly Commons
  • Janet Freilich, The Replicability Crisis in Patent Law 95 Indiana Law Journal (2020)
    Scholarly Commons
  • Janet Freilich, Patent Shopping 10 UC Irvine Law Review (2020)
    Scholarly Commons
  • Janet Freilich, Prophetic Patents 53 U.C. Davis Law Review (2019)
    Scholarly Commons
  • Janet Freilich & Lisa Larrimore Ouellette, Science Fiction: Fictitious Experiments in Patents 364 Science (2019)
    Scholarly Commons
  • Janet Freilich, Patent Clutter 103 Iowa Law Review (2018)
    Scholarly Commons
  • Janet Freilich & Jay P. Kesan, Towards Patent Standardization 30 Harvard Journal of Law & Technology (2017)
    Scholarly Commons
  • Janet Freilich, The Uniformed Topograhy of Patent Scope 19 Stanford Technology Law Review (2015)
    Scholarly Commons
  • Janet Freilich, The Paradox of Legal Equivalents and Scientific Equivalence: Reconciling Patent Law's Doctrine of Equivalents with the FDA's Bioequivalence Requirement 66 SMU Law Review (2013)
    Scholarly Commons
  • Janet Freilich, Patent Infringement in the Context of Follow-On Biologics 16 Stanford Technology Law Review (2012)
    Scholarly Commons
  • Janet Freilich, A Nuisance Model for Patent Law 2 University of Illinois College of Law (2011)
    Scholarly Commons

In the Media

Scroll left to right to view all in the media posts

  • Infectious Disease Special Edition March 14, 2026

    Many CDC Databases Had Unexplained Pauses During 2025

    Janet Freilich is quoted.
    read more

  • The Washington Post March 5, 2026

    Why it matters that the government is messing with heath databases

    Janet Freilich is interviewed.
    read more

  • Public Health On Call Podcast February 25, 2026

    Unexplained Pauses in CDC Data

    Janet Freilich is interviewed.
    read more

  • Medscape February 23, 2026

    Federal Health Data Are Back Online, but Physicians Remain Skeptical

    Janet Freilich is quoted.
    read more

  • Scientific American February 3, 2026

    A ‘shadow CDC’ is scrambling to fill gaps in public health data

    Janet Freilich is quoted.
    read more

  • ARS Technica January 27, 2026

    Dozens of CDC vaccination databases have been frozen under RFK Jr.

    Janet Freilich's work is mentioned.
    read more

  • Medscape

    Many CDC Databases Significantly Paused in 2025

    Janet Freilich is quoted.
    read more

  • Healthday

    Breakdown In Federal Health Tracking Leaves U.S. Vulnerable To Outbreaks, Pandemics, Experts Warn

    Janet Freilich's work is mentioned.
    read more

  • NBC News January 26, 2026

    Dozens of CDC databases aren’t being updated — most related to vaccines, study finds

    Janet Freilich's work is mentioned.
    read more

  • The Journalist's Resource August 19, 2025

    Government health datasets were altered without documentation, Lancet study shows

    Janet Freilich is quoted.
    read more

  • Law360 August 14, 2025

    Furtive Changes To Federal Health Data Threaten Admissibility

    Janet Freilich's work is mentioned.
    read more

  • Medscape July 29, 2025

    Judge: Trump Must Restore Missing Health Websites and Data

    Janet Freilich is quoted.
    read more

  • Associated Press News July 24, 2025

    Why are data nerds racing to save US government statistics?

    Janet Freilich's work is mentioned.
    read more

  • IFL Science July 7, 2025

    “Hidden” Changes To US Health Data Swapping “Gender” For “Sex” Spark Fears For Public Trust

    Janet Freilich's work is featured.
    read more

  • Euro News July 4, 2025

    Trump Officials ‘Secretly’ Changed Us Health Data in ‘Gender Ideology’ Crackdown, Researchers Allege

    Janet Freilich's work is mentioned.
    read more

  • View All Articles

Stories from The Record

View All Stories

Activities & Engagements

No upcoming activities or engagements.

View All Activities & Engagements

Courses

LAW JD 674

Intellectual Property and the Life Sciences

3 credits

This course will explore legal doctrines in intellectual property--particularly patent law--that shape innovation, research, and development in the life sciences. Students will be introduced to laws that influence decision makers in the life sciences and participate in a series of exercises to apply legal doctrines and understand the incentives and outcomes produced by the existing legal framework. Course topics include selecting drug candidates, IP licensing, material transfer agreements, how firms use IP to protect pharmaceuticals, the optimal timing of patent protection, building patent portfolios, regulatory exclusivity, Hatch-Waxman litigation (litigation between brand-name and generic drug companies), and generic drug development. The course will be a combination of lecture and in-class problem-solving exercises. There are no prerequisites for this class. UPPER-CLASS WRITING REQUIREMENT: All students may attempt to satisfy writing requirement. **A student who fails to attend the initial meeting of a seminar or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.


SPRG 2027: LAW JD 674 A1, Jan 11th to Apr 21st 2027
Days Start End Credits Instructors Bldg Room
Thu 2:10 pm 4:10 pm 3 Janet Freilich
LAW JD 870

PATENT LAW

3 credits

The basic questions in patent law are: why should society grant inventors a right to exclude others from using a patented invention Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.


SPRG 2027: LAW JD 870 A1, Jan 11th to Apr 21st 2027
Days Start End Credits Instructors Bldg Room
Tue,Thu 9:00 am 10:25 am 3 Janet Freilich