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Articles 1 - 11 of 11
Full-Text Articles in Law
Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin C. Feldman, Evan Frondorf, Andrew Cordova
Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin C. Feldman, Evan Frondorf, Andrew Cordova
Robin C Feldman
Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley
Do Patent Licensing Demands Mean Innovation?, Robin C. Feldman, Mark A. Lemley
Robin C Feldman
Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman
Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman
Robin C Feldman
A Conversation On Judicial Decision-Making, Robin Feldman
A Conversation On Judicial Decision-Making, Robin Feldman
Robin C Feldman
Both breathtakingly broad and minutely particular, the doctrine of patentable subject matter asks us to consider which innovations are of the type for which we might grant protection. Do we include living creatures, for example, or genes? Are computer algorithms included, and just what is an algorithm anyway? These are the types of questions that the Supreme Court has considered in a number of recent cases on patentable subject matter.
Looking closely at the recent cases, a fascinating conversation emerges between the Supreme Court and the Federal Circuit. It is a conversation not just about the nature of patents, but …
Intellectual Property Wrongs, Robin Feldman
Intellectual Property Wrongs, Robin Feldman
Robin C Feldman
Intellectual property has become a pervasive presence in society. Seeping into every nook and cranny of American life, intellectual property casts a protective haze over everything from the words of an email to the sequence of genes. Increasingly, these rights are being pressed into the service of schemes that have little to do with the advancement of societal goals and much to do with societal waste. What do we, as a society, do when the rights that we have created with such lofty goals and noble heart are diverted toward less admirable pursuits, that is, when IP rights become the …
The Gao 500: Effects Of Non-Practicing Entities On Patent Litigation, Robin C. Feldman, Sara Jeruss, Joshua Walker
The Gao 500: Effects Of Non-Practicing Entities On Patent Litigation, Robin C. Feldman, Sara Jeruss, Joshua Walker
Robin C Feldman
Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities, known more colorfully as patent trolls. For many years, however, discussions about non practicing entities have been long on speculation and short on data.
In 2011 Congress directed the nonpartisan Government Accountability Office to study the effects of non-practicing entities on patent litigation. Our study was performed at the request of the GAO, examining patent lawsuits filed over the past five years. The data confirm in a dramatic fashion what many scholars and commentators have suspected: patent monetization entities play a …
Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman
Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman
Robin C Feldman
The Intellectual Property Landscape For Ips Cells, Robin C. Feldman
The Intellectual Property Landscape For Ips Cells, Robin C. Feldman
Robin C Feldman
Open Source, Open Access, Open Transfer: Market Approaches To Research Bottlenecks, Robin C. Feldman
Open Source, Open Access, Open Transfer: Market Approaches To Research Bottlenecks, Robin C. Feldman
Robin C Feldman
One of the most hotly contested issues in the field of intellectual property law concerns the existence, or non-existence, of patent thickets and the extent to which any such bottlenecks may be interfering with research. For decades, scholars warned that problems related to the over proliferation of patent rights would interfere with innovation. In contrast, a growing body of commentary argues that patent thickets are not a problem in modern industries. Either patent thickets do not exist, or if they do, patent thickets do not interfere with the progress of research.
The rhetoric is particularly heated these days because of …
Law's Misguided Love Affair With Science, Robin Feldman
Law's Misguided Love Affair With Science, Robin Feldman
Robin C Feldman
The allure of science has always captivated members of the legal profession. Its siren’s song has followed us throughout much of American legal history. We look to science to rescue us from the experience of uncertainty and the discomfort of difficult legal decisions, and we are constantly disappointed.
The notion of what constitutes science and what it would take to make law more scientific varies across time. What does not vary is our constant return to the well. We are constantly seduced into believing that some new science will provide answers to law’s dilemmas, and we are constantly disappointed.
This …
Differing Shades Of Meaning, Robin C. Feldman
Differing Shades Of Meaning, Robin C. Feldman
Robin C Feldman
The relationship between patent law and antitrust law has challenged legal minds since the emergence of antitrust law in the late 19th century. In reductionist form, the two concepts pose a natural contradiction: One encourages monopoly while the other restricts it. To avoid uncomfortable dissonance, the trend across time has been to try to harmonize patent and antitrust law. In particular, harmonization efforts in recent decades have led Congress and the courts to engage in a series of attempts, some aborted and some half-formed, to graft antitrust doctrines onto patent law. These efforts have failed to resolve the conflicts.
This …