Articles

Patent Trolling: Why Bio & Pharmaceuticals Are At Risk

Robin Feldman
Nicholson Price II

Patent trolls—also known variously as non-practicing entities, patent assertion entities, and patent monetizers—are a top priority on legislative and regulatory reform agendas. In modern debates, however, the biopharmaceutical industry goes conspicuously unmentioned. Although the biopharmaceuticalindustry is paradigmatically centered on patents, conventional wisdom holds that it is largely unthreatened by trolls. This Article shows that the conventional wisdom is wrong, both theoretically and descriptively.... Read more about Patent Trolling: Why Bio & Pharmaceuticals Are At Risk

  • November 10, 2014
  • 17 Stan. Tech. L. Rev. 773

IP Without IP? A Study of the Online Adult Entertainment Industry

Kate Darling

Existing copyright policy is based largely on the utilitarian theory of incentivizing creative works. This Article looks at content production incentives in the online adult entertainment industry. A recent trend of industry-specific studies tries to better understand the relationship between intellectual property (IP) and creation incentives in practice. This Article makes a contribution to the literature by analyzing a major entertainment content industry where copyright protection has been considerably weakened in recent years.... Read more about IP Without IP? A Study of the Online Adult Entertainment Industry

  • November 2, 2014
  • 17 Stan. Tech. L. Rev. 709

Ripple Effects in the Law: The Broadening Meaning of "Offer to Sell" in Patent Law

Lucas S. Osborn

The law’s complexity is such that even apparently minor changes can have numerous “ripple” effects. This Article examines the ripple effects from a potential broadening of patent law’s definition of an infringing “offer to sell.” Currently, courts limit “offers” to formal, contract-law offers; but a policy analysis suggests that “offers” should include advertisements and other promotions, which harm patentees via price erosion.... Read more about Ripple Effects in the Law: The Broadening Meaning of "Offer to Sell" in Patent Law

  • September 15, 2014
  • 17 Stan. Tech. L. Rev.

Patent Examiners and Litigation Outcomes

Shine Tu

Conventional wisdom argues that unnecessary litigation of low quality patents hinders innovation, and that the PTO could play a role with its high grant rates. Accordingly, it is important to answer these questions: (1) which patent examiners are issuing litigated patents, (2) are examiners who are “rubber stamping” patents issuing litigated patents at a disproportionately higher rate, and (3) are examiners with less experience issuing more litigated patents? In sum, do patent examiners who issue litigated patents have common characteristics?... Read more about Patent Examiners and Litigation Outcomes

  • June 18, 2014
  • 17 Stan. Tech. L. Rev. 507

Licensing in the Shadow of Copyright

Peter DiCola
David Touve

Copyright offers protection to creative works, but new technologies put pressure on that protection. Copyright owners and technology firms negotiate over new ways of distributing and transmitting creative works. Understanding the shadow that copyright casts on private negotiations will allow policy makers to better design the statute in a way that encourages more competition, diversity, and transactional efficiency in markets for digital goods.... Read more about Licensing in the Shadow of Copyright

  • May 6, 2014
  • 17 Stan. Tech. L. Rev. 397

Market Harm, Market Help, and Fair Use

David Fagundes

Judges, commentators, and practitioners alike agree that the final factor of copyright’s four-part statutory fair use defense to copyright infringement requires judges to consider “market harm.” That is, all sources understand this fair use factor to require analysis only of the deleterious economic effects of the defendant’s use on the market for or value of the plaintiff’s work of authorship. Yet this widespread consensus lies at odds with the plain language of the Copyright Act itself, which dictates that fair use analysis requires consideration of all ... Read more about Market Harm, Market Help, and Fair Use

  • April 20, 2014
  • 17 Stan. Tech. L. Rev. 359

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