Articles

Patenting Nature: A Problem of History

Christopher Beauchamp

The practice of patenting genetic material is currently under sharp attack. Recent litigation has forced the courts to grapple with the doctrinal basis for patenting DNA sequences identical to those found in nature. Faced with conflicting authorities and difficult policy questions, courts have leaned heavily on history to guide—or at least to justify—their decisions. This article explores the history in question. It traces the patent law’s changing treatment of “products of nature” in an attempt to untangle the origins of present-day patentability arguments.... Read more about Patenting Nature: A Problem of History

  • April 17, 2013
  • Stan. Tech. L. Rev. 257

Self-Replicating Technologies

Jeremy N. Sheff

Self-replicating technologies pose a challenge to the legal regimes we ordinarily rely on to promote a balance between innovation and competition. This Article examines recent efforts by the federal courts to deal with the leading edge of this policy challenge in cases involving the quintessential self-replicating technology: the seed.... Read more about Self-Replicating Technologies

  • February 19, 2013
  • Stan. Tech. L. Rev. 229

Patent Infringement in the Context of Follow-On Biologics

Janet Freilich

This Article fills a gap in the literature by conducting a comprehensive analysis of patent infringement in the context of follow-on biologics. Patent infringement is an important topic because, like small molecule generic drugs, follow-on biologics are likely to begin their life facing infringement suits. Because it is tremendously expensive to develop a follow-on biologic, it is vital that there be consistency in how they are treated in the courts once the inevitable patent infringement suits arrive.... Read more about Patent Infringement in the Context of Follow-On Biologics

Moore is Less: Why the Development of Induced Pluripotent Stem Cells Might Lead Us to Rethink Differential Property Interests in Excised Human Cells

Osagie K. Obasogie
Helen Theung

Since Moore v. Regents of the University of California, there has been a wide-ranging debate regarding the holding of the case and its implications for property law. Moore stands for the notion that individuals do not have a property interest in ordinary cells taken from their bodies during medical procedures nor the commercial products that researchers might develop from them. At the same time, cases such as Davis v. Davis and Hecht v.... Read more about Moore is Less: Why the Development of Induced Pluripotent Stem Cells Might Lead Us to Rethink Differential Property Interests in Excised Human Cells

  • January 15, 2013
  • Stan. Tech. L. Rev. 51

Unchaining Richelieu's Monster: A Tiered Revenue-Based Copyright Regime

Martin Skladany

This Article proposes a tiered revenue-based copyright regime, which would require copyright holders to select one of two different copyright terms. The first tier would provide a fixed, nonrenewable copyright term of 10-14 years, while the second tier would offer a one-year copyright term that could be indefinitely renewed as long as the work is successful enough to meet or exceed a revenue threshold.... Read more about Unchaining Richelieu's Monster: A Tiered Revenue-Based Copyright Regime

  • January 7, 2013
  • Stan. Tech. L. Rev. 131

Negotiating Cloud Contracts: Looking at Clouds from Both Sides Now

W. Kuan Hon
Christopher Millard
Ian Walden

Contract terms for cloud computing services are evolving, driven by users’ attempts to negotiate providers’ standard terms to make them more suitable for their requirements, as well as market developments, particularly among cloud integrators. This Article, drawing on sources including interviews with cloud computing providers, users and other market actors, is the first in-depth research into how cloud contracts are negotiated.... Read more about Negotiating Cloud Contracts: Looking at Clouds from Both Sides Now

  • January 7, 2013
  • Stan. Tech. L. Rev. 81

Why the “Scope of the Patent” Test Cannot Solve the Drug Settlement Problem

Michael A. Carrier

One of the most difficult legal issues today involves settlements by which brand-name drug companies pay generic firms to delay entering the market. Such conduct requires courts to consider not only patent and antitrust law, but also the Hatch-Waxman Act, the complex regime governing behavior in the pharmaceutical industry. Courts have analyzed these agreements by relying on a test that asks if the settlement falls within the “scope of the patent.” They have found, in nearly all of these cases, that it does.... Read more about Why the “Scope of the Patent” Test Cannot Solve the Drug Settlement Problem

Luck/Unluck of the Draw: An Empirical Study of Examiner Allowance Rates

Sean Tu

The United States Patent and Trademark Office is tasked with reading and reviewing patent applications to determine those applications which qualify for patent protection. Each application is reviewed by a specific patent examiner who should apply the standards of patentability in an even, fair, unbiased and consistent manner. This task requires the examiner not only to be internally consistent with the applications she reviews, but consistent with the behavior of other examiners within the same art unit. I find this may not be the case.... Read more about Luck/Unluck of the Draw: An Empirical Study of Examiner Allowance Rates

  • August 29, 2012
  • Stan. Tech. L. Rev. 10

Blinded by (a Lack of) Science: Limitations in Determining Therapeutic Equivalence of Follow-On Biologics and Barriers to Their Approval and Commercialization

Trevor Woodage

Over the past twenty years, an increasing number of disease therapies based on recombinant DNA technology have been developed and commercialized. These treatments, commonly known as biologics, can be very effective. They can also be extraordinarily expensive. In an effort to ensure the availability and affordability of biologics, Congress enacted the Biologics Price Competition and Innovation Act (BPCIA) in 2010.... Read more about Blinded by (a Lack of) Science: Limitations in Determining Therapeutic Equivalence of Follow-On Biologics and Barriers to Their Approval and Commercialization

  • July 16, 2012
  • Stan. Tech. L. Rev. 9

The ITU and the Internet's Titanic Moment

Patrick S. Ryan

Try this: Mention the International Telecommunication Union (ITU) to a few casual Internet users, Netizens, or even the most senior-level computer programmers and technology experts and gauge their reaction. Few are likely to know what you’re talking about. Most will likely think you’re referring to either a telecommunications labor union or some kind of international working group. Only the most informed will know that the ITU is one of the most influential (and in fact the oldest) technology-based standard-setting and treaty-making institutions in the world.... Read more about The ITU and the Internet's Titanic Moment

  • July 16, 2012
  • Stan. Tech. L. Rev. 8

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