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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

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

2013 Symposium: Digital Copyright

STLR Editors

The Stanford Technology Law Review is proud to announce its 13th Annual Symposium: Digital Copyright. Friday, February 22nd, 2013 at Stanford Law School. This year’s symposium will feature the following three panels: a panel on sampling, mixes, and mashups; a panel discussion on the moral rights of digital copyright (and what the US has done to approximate it); and a panel on social media and digital copyright.... Read more about 2013 Symposium: Digital Copyright

  • January 30, 2013

Vol. 16, Issue 1 of the Stanford Technology Law Review

STLR Editors

We are pleased to announce the publication of Issue 1 of Volume 16 of the Stanford Technology Law Review. This has been an important year for the Stanford Technology Law Review so far. We have changed our citation and text format, started publishing three times a year, and increased the number of articles we’ve published with each issue. Our Fall 2012 Issue contains seven articles and notes on a number of topics including patents, copyright, cloud computing, and antitrust inquiry in the smartphone industry. The complete Issue includes: Michael A.... Read more about Vol. 16, Issue 1 of the Stanford Technology Law Review

  • January 28, 2013

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

Anticompetitive Tying and Bundling Arrangements in the Smartphone Industry

Thomas H. Au

As smart technologies become more prevalent and mobile devices become the digital platform of choice, how will antitrust law adapt? While current tying law has been criticized for its reliance on dated physical product precedents, the principles of tying and bundling doctrines are well-suited to address the next technology-based product combinations and integrations. Smartphones are an ideal foil for emerging antitrust issues, as these devices stand at the crossroads of tying and bundling inquiries.... Read more about Anticompetitive Tying and Bundling Arrangements in the Smartphone Industry

  • January 7, 2013
  • Stan. Tech. L. Rev. 188

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

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