Articles

Driving Performance: A Growth Theory of Noncompete Law

On Amir
Orly Lobel

Traditional law and economic analysis views postemployment restrictions, ranging from noncompete agreements to intellectual property controls over an ex-employee’s knowledge and skill, as necessary for economic investment and market growth. The orthodox economic analysis theorizes that without such contractual and regulatory protections, businesses would underinvest in research, development, and human capital. This Article challenges the orthodox analysis by introducing both behavioral dimensions and endogenous growth effects of job mobility over time.... Read more about Driving Performance: A Growth Theory of Noncompete Law

  • August 29, 2013
  • 16 Stan. Tech. L. Rev. 1

Copyright at the Bedside: Should We Stop the Spread?

Robin Feldman
John Newman

We recently published an article in the New England Journal of Medicine describing a crisis in cognitive testing, as doctors and medical researchers increasingly face copyright claims in sets of questions used for testing mental state. We encouraged the creation of a cultural norm in medicine, in which medical researchers would ensure continued availability of their tests through open source licensing for any copyrights that might exist. In this piece, we consider the legal side of the question.... Read more about Copyright at the Bedside: Should We Stop the Spread?

  • July 10, 2013
  • Stan. Tech. L. Rev. 623

Do Trademark Lawyers Matter?

Deborah R. Gerhardt
Jon P. McClanahan

This Article empirically examines whether lawyers make a difference in prosecuting federal trademark applications and, if so, how much. Working from a wealth of data the USPTO released in 2012, we examine 5,489,586 federal trademark applications filed since 1984 to determine how much legal representation correlates with success rates in various stages of the trademark application process. First, we show how trademark publication and registration rates have changed over time. Against that background, we examine how these rates differ if the applicant had legal counsel.... Read more about Do Trademark Lawyers Matter?

  • July 7, 2013
  • Stan. Tech. L. Rev. 583

Understanding Trademark Strength

Timothy Denny Greene
Jeff Wilkerson

Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action.... Read more about Understanding Trademark Strength

  • July 7, 2013
  • Stan. Tech. L. Rev. 535

Using Algorithmic Attribution Techniques to Determine Authorship in Unsigned Judicial Opinions

William Li, Pablo Azar
David Larochelle
Phil Hill
James Cox
Robert C. Berwick
Andrew W. Lo

This Article proposes a novel and provocative analysis of judicial opinions that are published without indicating individual authorship. Our approach provides an unbiased, quantitative, and computer scientific answer to a problem that has long plagued legal commentators. United States courts publish a shocking number of judicial opinions without divulging the author. Per curiam opinions, as traditionally and popularly conceived, are a means of quickly deciding uncontroversial cases in which all judges or justices are in agreement.... Read more about Using Algorithmic Attribution Techniques to Determine Authorship in Unsigned Judicial Opinions

  • June 30, 2013
  • Stan. Tech. L. Rev. 503

Investing in America's Future Through Innovation

David J. Kappos

While the smart phone patent wars have generated debate about the patent system, the discussions raise a more fundamental question about the willingness of the United States to invest in our future. We as Americans need to make up our collective mind about whether we are satisfied with short-term gratification or whether we are willing to invest in the long-term. At their core, patents, and intellectual property in general, represent that investment.... Read more about Investing in America's Future Through Innovation

  • May 16, 2013
  • Stan. Tech. L. Rev. 485

Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

Alex Reese

Parties in patent infringement lawsuits frequently must choose a witness to explain complex or scientific technology behind an invention or an accused product that sits at the heart of a claim or a defense. Often, the parties select an employee witness such as an engineer, scientist, or a named inventor of the patent-in-suit who can testify based on first-hand experience with the technology in question rather than a hired expert, who must prepare an expert report and who may not share the same incentives and goals as the litigant.... Read more about Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

It's About Time: Privacy, Information Life Cycles, and the Right to be Forgotten

Meg Leta Ambrose

The current consensus is that information, once online, is there forever. Content permanence has led many European countries, the European Union, and even the United States to establish a right to be forgotten to protect citizens from the shackles of the past presented by the Internet. But, the Internet has not defeated time, and information, like everything, gets old, decays, and dies, even online. Quite the opposite of permanent, the Web cannot be self-preserving.... Read more about It's About Time: Privacy, Information Life Cycles, and the Right to be Forgotten

  • April 19, 2013
  • Stan. Tech. L. Rev. 369

Only Part of the Picture: A Response to Professor Tushnet's Worth a Thousand Words

Zahr Kassim Said

Professor Rebecca Tushnet’s recent article Worth a Thousand Words: The Image of Copyright elucidates a number of difficulties in copyright that flow from judicial failures to treat images consistently and rigorously. She argues that courts both assess copyrightability and evaluate potential infringement in ways that rely on a naïve understanding of the way artists create, and indeed, the way viewers receive works of art.... Read more about Only Part of the Picture: A Response to Professor Tushnet's Worth a Thousand Words

What’s the Connection Between Repeat Litigation and Patent Quality?: A (Partial) Defense of the Most Litigated Patents

Shawn P. Miller

Patent litigation is notoriously expensive, but few patents are ever litigated. Among the fraction that are, only a small group dubbed the “most litigated patents” by Allison, Lemley & Walker are asserted by repeat patent plaintiffs in many lawsuits. While repeat patent plaintiffs are responsible for a disproportionate share of litigation costs, economic theory predicts their patents will be higher quality such that they offset the costs they generate in winning more disputes.... Read more about What’s the Connection Between Repeat Litigation and Patent Quality?: A (Partial) Defense of the Most Litigated Patents

  • April 18, 2013
  • Stan. Tech. L. Rev. 313

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