Professor
Robin Feldman
Publications
Books:
Drug Wars: How Big Pharma
Raises Prices and Keeps Generics off the Market (Cambridge University Press 2017).
Rethinking Patent Law (Harvard 2012).
The Role of Science in Law
(Oxford 2009).
Book Chapters:
Coming to the Community, in Imagining New
Legalities, Amherst Series in Law, Jurisprudence, and Social Thought
(Austin Sarat ed., Stanford 2012).
Patent Misuse: From Inception to Modern Case Law, in
Intellectual Property &
Information Wealth
(Peter K. Yu ed., Praeger Publishers, 2007).
Key Articles:
Artificial
Intelligence: The Importance of Trust & Distrust 21 Green Bag 2d 201 2018 (peer-reviewed).
The
Sound & Fury of Patent Activity (forthcoming, Minnesota L. Rev. 2018), with Mark A. Lemley.
Perverse
Incentives (forthcoming Harvard J. on
Legislation 2018).
May
Your Drug Price Be Ever Green (forthcoming J.
Law & Biosciences 2018) (peer-reviewed).
Competition
at the Dawn of Artificial Intelligence (forthcoming J. of Antitrust Enforcement 2018) (peer-reviewed), with Nick Thieme.
Is
Patent Enforcement Efficient?, 98 Boston Univ. L. Rev. 649 (2018), with Mark A. Lemley.
A
Citizen's Pathway Gone Astray, 376 New
England Journal of Medicine 1449 (2017), with Connie Wang.
Empirical
Evidence of Drug Pricing Games, 20 Stan.
Tech. L. Rev 39 (2017), with
Evan Frondorf, Andrew Cordova, and Connie Wang.
Regulatory
Property: The New IP, 40 Columbia J.L.
& Arts 53 (2016).
Patent
Licensing, Technology Transfer and Innovation, 106 Am. Econ. Rev. 188-92
(2016), with Mark A. Lemley.
Drug
Wars: A New Generation of Generic Pharmaceutical Delay, 53 Harv. J. on Legis. 499 (2016), with
Evan Frondorf.
The
CRISPR Revolution: What Editing Human
DNA Reveals About the Patent System's DNA, 64 UCLA L. Rev. Disc. 392 (2016).
Learning from Past Mistakes – The US Patent System
and International Trade Agreements, in Megaregionalism:
Innovation and Trade Within Global Networks (Imperial College Press
2016).
Federalism,
First Amendment & Patents: The Fraud Fallacy, 17 Colum. Sci. & Tech. L. Rev. 30 (2015).
Patent
Demands and Initial Public Offerings 19 Stan.
Tech. L. Rev. 52 (2015), with Evan Frondorf
(peer reviewed).
Do
Patent Licensing Demands Mean Innovation?, 101 Iowa L. Rev. 137 (2015) with Mark A. Lemley.
Patent Demands & Startup Companies: The View
from the Venture Capital Community, 16 Yale J.L &
Tech.
236 (2014).
Transparency 19 Va.
J.L. & Tech. 271 (2014).
Patent
Trolling: Why Bio & Pharmaceuticals Are at Risk, 17 Stan. Tech. L. Rev. 773 (2014), with W. Nicholson Price.
Human Cells & Cultural Property, 21 Int’l
J. Cultural Prop. 243 (2014).
The
America Invents Act 500 Expanded: Effects of Patent Monetization Entities, 17 UCLA
J.L. & Tech. 1
(2013), with Tom Ewing & Sara Jeruss.
Intellectual Property Wrongs, 18 Stan.
J. of L., Bus. & Fin. 250 (2013).
Copyright
at the Bedside: Should We Stop the Spread? 16 Stan. Tech. L. Rev.
623 (2013), with John Newman.
The
Giants Among Us, 2012 Stan. Tech. L. Rev. 1 with Tom Ewing (2012).
The
America Invents Act 500: Effects of Patent Monetization Entities on US
Litigation, 11 Duke L & Tech. Rev. 357 (2012), with Sara Jeruss & Joshua Walker.
Whose
Body Is It Anyway? Human Cells and the Strange Effects of Property and
Intellectual Property Law, 63 Stan. L. Rev. 1377 (2011).
Rethinking
Rights in Biospace, 79 S. Cal. L Rev. 1
(2005).
Defensive
Leveraging in Antitrust, 87 Geo. L.J. 2079 (1999).
Other
Articles:
The
Gender Gap in Startup Catalyst Organizations: Bridging the Divide Between
Narrative and Reality, 95 Oregon Law
Rev. 313 (2017), with Alice Armitage and Connie Wang.
Exceptions
to the Rule: Considering the Impact of Non-Practicing Entities and Cooperative
Regulatory Processes in the Update to the Antitrust Guidelines for the
Licensing of Intellectual Property, J.
of the Antitrust, UCL, and Privacy Section of the State Bar of Cal. (2016).
The
FTC Report on Patent Assertion Entities: Lifting the veil, ABA Public Domain (2016).
Open
Letter on Ethical Norms in Intellectual Property Scholarship, 29 Harv. J.L. & Tech. 1-14 (2016), with
Mark A. Lemley, Jonathan Masur, & Arti Rai.
Dolly
the Sheep: A Cautionary Tale, Yale J.L & Tech. (2016). Web. 8
Jan. 2016.
A
More Practical Model for Law Schools, Harvard
Bus. Rev. (2015). Web. 24 Dec. 2015, with Alice Armitage.
Universities
and Patent Demands, Oxford J.L. &
Bioscience (2015). Web. 16 Dec. 2015, with Andrew Cordova (peer reviewed).
Startups
and Unmet Legal Needs (forthcoming Utah L. Rev. 2016) with Alice
Armitage, Evan Frondorf & Christopher Williams.
The
Pace of Change 18 Chap. L. Rev. 635 (2015).
Gene Patenting After the U.S. Supreme Court
Decision – Does Myriad Matter, 28 Stan. L.& Pol'y
Rev. 16 (2014).
Coming
of Age for the Federal Circuit, 18 Green
Bag 27
(2014).
Ending
Patent Exceptionalism & Structuring the Rule of Reason: The Supreme Court
Opens the Door for Both, 15 Minn. J.L. Sci. & Tech 61 (2014).
A
Conversation in Judicial Decision-Making, 5 Hastings Sci. & Tech. L.J. 1 (2013).
For
the Love of Licensing, 18 Va. J.L.
& Tech. 178 (2013) (Book Reviewed).
Understanding
and Incentivizing Biosimilars, 64 Hastings L.J. 57
(2012), with Jason Kanter.
Copyright
and Open Access at the Bedside, 365(26) New Eng. J. of Med. 2449 (Dec. 29,
2011), with John Newman.
The
Intellectual Property Landscape for iPS Cells, 3 Stan.
J.L. Sci. & Pol'y 16 (2010) (peer review), with Deborah
Furth.
The
Role of the Subconscious in Intellectual Property Law, 2 Hastings Sci. & Tech.
L.J. 2 (2010).
Historic
Perspectives on Law and Science, 2009 Stan. Tech. L. Rev. 1 (2009).
Law’s
Misguided Love Affair with Science, 10 Minn. J.L. Sci. & Tech. 95
(2009) (peer review).
Plain
Language Patents, 17 Texas I.P.L.J. 289 (2009).
Patent
and Antitrust: Differing Shades of
Meaning, 13 Va. J.L. & Tech. 5 (2008).
Open Source, Open Access, and Open Transfer:
Market Approaches to Research Bottlenecks, 7 Nw. J. Tech. & Intellectual
Prop. 14 (2008); reprinted as
a book chapter in Open Source
Software-Law and Philosophy (Amicus Books 2009), with Kris Nelson.
The
Inventor’s Contribution, 2005 UCLA J.L. & Tech. 6 (2005).
The
Open Source Biotechnology Movement: Is It Patent Misuse?
6 Minn.
J. L. Sci. & Tech. 1 (2004) (peer reviewed).
The
Insufficiency of Antitrust Analysis for Patent Misuse, 55 Hastings L. J. 399
(2003).
Considerations
on the Emerging Implementation of Biometric Technology,
2003 Hastings
Comm. & Ent. L. J. 653 (2003).
Consumption
Taxes and the Theory of General and Individual Taxation, 21 Va.
Tax Rev. 293 (2002).
Selected Op/Ed
Commentaries in 2013-2017:
STAT "Pharma Companies
Fight Behind-the-Scenes Wars Over Generic Drugs" (2017).
American Constitution
Society for Law and Policy Symposium, "Targeting Deep Pockets: Should Patent Law Be Different?" (2016).
Columbia Law School Blue
Sky Blog,
"Patent Trolls and IPOs: A Perfect Moment to Strike" (2015).
New York Times, “Slowing the Patent
Trolls” (2014).
The Hill, “Next Patent Troll
Victims: Pharma & Bio?” (2014).
Recorder, “Science Shouldn’t
Shoulder Law Aside” (2014).
Boston Globe, “To Liberate American
Innovation, We Need to Rethink Patents” (2013).
SCOTUSBlog, “A Conversation Between
the Supreme Court and the Federal Circuit” (symposium on the Myriad gene
patenting case) (2013).
San Francisco Chronicle, “FTC Must Take on
Trolls” (2013).
Washington Legal
Foundation,
“Conversation with the Honorable Dick Thornburgh on Trolling, Licensing &
Litigation: A 21st Century Patent Paradigm” (2013).
Antitrust
& Competition Policy Blog, "Antitrust & Sham
Litigation as a Response to Inappropriate Patent Monetization
Behavior," (2013).
Selected Reviews of Published
Work:
Drug Wars (Cambridge 2017)
was listed as Amazon’s #1 new release in Health Law and chosen by STAT
News staff as one of their top 5 picks for books for the year. It has been
cited in Congressional hearings in both the House and Senate.
The Giants Among Us, 2012 Stanford Tech. L. Rev. 1:
--George Dyson, a historian of science and
technology was asked by the Chronicle of Higher Education to name the single
best article he has read recently. He chose “Giants Among Us.”
--One reviewer called Giants Among Us, “one of the
most important contributions to the debate about NPEs, patent aggregators and
the state of the US patent marketplace,” another called it “an absolutely
remarkable study,” and another called it “superb.”
--A Dow Jones News site featured it in their daily
column of “must reads,” and technology reporter Gina Smith called it a “must
read.”
--IPWatchdog posted a
3-page summary of the article, which was then chosen as #1 on PLI’s top 5 blog
posts of the week.
America Invents Act 500
Expanded: Effects of Patent Monetization Entities, 17 UCLA J. of Law & Tech. 1 (2013), was cited
by the White House in its report on Patent Assertion, by the Chair of the FTC,
and in numerous hearings on patent reform in Congress and the California
legislature. It was one of the top 10 downloads on any legal topic is SSRN’s
database of recent work.
Professor
Stephen Morse of the University of Pennsylvania, in his book review of The Role of Science in Law, called it,
“a splendid and wise book” noting further that the book’s “diagnosis and malignant
prognosis are inevitably and precisely right.”
A
study of the 1.4 million academic biomedical peer-reviewed articles in
2010-2012 showed that Copyright and Open
Access at the Bedside, New England Journal of Medicine (2011), was the 8th
most tweeted article and the only one in the top 15 that was law-related.
Press: (prior five academic
years)
More
than 350 press interviews with news outlets—including multiple interviews with
the New York Times, Wall Street Journal, Fortune Magazine, Boston Globe, Reuters,
BBC, American Lawyer, Nature Magazine, Chronicle of Higher Education, Law360,
Daily Journal, Wired Magazine, San Jose Mercury News, San Francisco Chronicle,
Orange County Register, The Register (UK), Motherboard, and others, as well as
dozens of live or recorded interviews with the following radio or television
outlets: NPR Marketplace, NPR Science Friday, AP TV, KQED, KGO, local
affiliates of CBS, ABC, FOX, Yale University Radio, and radio or TV stations in
Russia, South Korea, Mexico, Australia, Canada, UK, and Japan.
Profiled
in a series on Women Leaders in Law and
Technology by Law Technology News and also in a series on People to Know in The Recorder; featured
on South Korean TV documentary, “The Trial of the Century,” and BBC radio
documentary on patent trolling.