Robin
Feldman
Professor of Law
Director, Law &
Bioscience Project (LAB Project)
U.C. Hastings College of the Law
Education:
Stanford Law School, J.D.
Urban A. Sontheimer Award (graduating second in class)
Order of the Coif
Articles
Department, Stanford Law Review
Hilmer Oehlmann Jr. Prize (legal research and writing)
Stanford University, B.A.
Phi Beta Kappa
Degree Awarded with
Distinction
Dean’s Award for
Community Service
Law Clerk, The Honorable Joseph T. Sneed, U. S. Court of
Appeals, 9th Cir.
Honors:
William Rutter Award for
Excellence in Teaching, U.C. Hastings (2009)
Patent and Antitrust: Differing Shades of Meaning, 13 Virginia J.L. & Tech. 5, judged one of the best Intellectual Property articles of 2008 and
thereby selected for inclusion in the anthology, The Intellectual Property Law Review (2009)
1066 Foundation Award for
Scholarship, U.C. Hastings (2004)
Books:
Rethinking
Patent Law (forthcoming 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., forthcoming, Stanford 2012)
Patent Misuse: From Inception to
Modern Case Law, in Intellectual Property & Information Wealth (Peter K.
Yu ed., Praeger Publishers, 2007)
Articles:
Copyright and Open Access at the Bedside, 365(26) New England Journal of Medicine
2449 (Dec. 29, 2011), with John Newman
The Giants Among Us, Stanford
Tech. L. Rev. (forthcoming
December, 2012), with Tom Ewing
Whose Body Is It Anyway? Human Cells and the Strange Effects
of Property and Intellectual Property Law, 63 Stanford L. Rev. 1377
(2011)
The Intellectual Property Landscape for iPS
Cells, 3 Stanford J.L. Sci. & Policy 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 Stanford 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 Virginia
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 (forthcoming Amicus Books 2009), with Kris Nelson
Rethinking Rights in Biospace, 79 S. Cal. L Rev. 1 (2005)
The Inventor’s Contribution, 2005 UCLA J.L. & Tech. 6 (2005)
The Open Source Biotechnology Movement: Is it Patent Misuse?
6 Minn. J. Law Science & Tech.
1 (2004) (peer review)
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)
Defensive Leveraging in Antitrust, 87 Georgetown L.J.
2079 (1999)
Consumption Taxes and the Theory of General and Individual
Taxation, 21 Virginia Tax
Rev. 293 (2002)
Other Activities:
Herman Phleger Visiting Professor
of Law, Stanford Law School (2007)
Chair, Executive Committee of the Antitrust Section of the
AALS (2009-2010); Committee Member (2005-2009)
Life Sciences Working Group, Stanford Law School Litigation
IP Clearing House (2008-2009)
Committee Member, Stanford University Hospital Ethics
Committee (1997-2001)
Speaking Engagements:
Stanford Law School, presentation of The Giants Among Us (November 2011)
Stanford Law School program in Law,
Science & Technology, presentation of Whose Body Is It Anyway?
(November, 2011)
Annual Intellectual Property Scholars
Conference, presentation on Whose Body Is It Anyway?
(August 2011)
Stanford University, presentation on
Intellectual Property Principles for Biotechnology (May 2011)
Yale Law School, Information Society
Project, presentation of Rethinking
Patent Law (February 2011)
Stanford Law School, Program in Law,
Science, & Technology, moderator and discussant for prize-winning papers on
Patent Remedies (February 2011)
Stanford Law School, Stanford Law Review
Symposium, presentation of Whose Body Is It Anyway?
Human Cells and the Strange Effects of Property & Intellectual Property (January
2011)
Stanford Law School, Program in Law,
Science & Technology, presentation of Rethinking
Patent Law (January 2011)
Stanford Medical School, Interdisciplinary
Program on Access & Delivery of Essential Medicines, presentation on the
topic of Patent Principles for Life Science Inventions (January 2011)
AALS Annual Meeting in San Francisco,
Section of Antitrust & Economic Regulation, moderating panel on the topic
of Drug Wars: The Battle Over Generic Pharmaceuticals (January 2011)
Stanford Law School, Center on Law &
the Biosciences, presentation on the topic of Implications of the New Biosimilars Legislation (November 2010)
Cambridge University, Social Science
Conference, presentation of The Role of
Science in Law (August 2010)
Annual Intellectual Property Scholars
Conference, presentation of excerpt from Rethinking
Patent Law (August 2010)
Stanford University, presentation on
Intellectual Property Principles for Biotechnology (May 2010)
Amherst College, presentation of Coming to
the Community (March 2010)
UC Hastings, Conference by the Hastings Communications and
Entertainment Law Journal on the topic of Greed, Gold, and Goblins: Property
Rights in Virtual Worlds (March 2010)
Stanford Law School, Symposium on Stem Cell Research,
presentation of Induced Pluripotent Stem Cells: The
Intellectual Property Landscape (December 2009)
Stanford Law School, Program in Law, Science, and
Technology, presentation of Rethinking Patent Law (October 2009)
UC Hastings, Conference on Clean Technology, presentation on
Licensing Clean Technology from Research Institutions (September 2009)
USF Law School, Conference on Lawyers, Drugs and Money: A
Prescription for Antitrust Enforcement in the Pharmaceutical Industry,
presentation on the topic of Burdens of Proof in Sham Litigation Cases
(September 2009)
Annual Intellectual Property Scholars’ Conference,
presentation of “The Bargain Theory of Patents” (August 2009)
Stanford Law School, Conference on Intellectual Property Law
and the Biosciences; presentation on the topic of Exhaustion, Implied Licenses,
and Reach-Through Claims (May 2009)
Federal Judicial Center Conference held at Stanford Law
School; presentation to federal district court and appellate court judges on
the topic of Intellectual Property and Biotechnology (January 2009)
Stanford Program in Law, Science, & Technology,
presentation of “Patent & Antitrust:
Differing Shades of Meaning” (October 2008)
Berkeley Law School, Patentable Subject Matter Conference,
roundtable discussion with government and industry leaders on proper boundaries
of subject matter for patents (October 2008)
Annual Intellectual Property Scholars’ Conference, plenary
session presentation of “Patent & Antitrust: Differing Shades of Meaning” (August 2008)
Stanford Law School Roundtable discussion with European
Consumer Commissioner on Internet Consumers and Privacy (July 2008)
Stanford University, presentation on Intellectual Property
Concepts in Biotechnology (May 2008)
Inauguration of the Drake University Summer Institute in
Intellectual Property, Biotechnology, & Agricultural Sciences, panel
presentation on Emerging Issues in Biotechnology Law (May 2008)
Berkeley Law School Intellectual Property and Technology
Scholars’ Roundtable, presentation of 3 of my forthcoming works, Law’s
Misguided Love Affair with Science, “Differing Shades of Meaning”; and
“Open Source, Open Access, & Open Transfer” (May 2008)
ABA Antitrust Law Spring Meeting in Washington D.C., panel
presentation, Scholars’ Showcase on Antitrust History (March 2008)
Annual Intellectual Property Scholars’ Conference,
presentation of “The Role of Science in Law” (August 2007)
ABA Litigation Section Meeting; panel presentation on The
IP/Antitrust Intersection (August 2007)
Stanford Law School, Law, Science & Technology Program;
presentation on “The Role of Science in Law” (September 2007)
Stanford Law School Faculty Colloquium; presentation of “The
Role of Science in Law” (May 2007)
Annual BIO (Biotech Industry Organization) conference;
presentation on the topic of Patent Misuse in Light of Recent Federal Circuit
and Supreme Court Cases (May 2007)
Stanford Law School, Stanford BioLaw
and the Stanford Health Law & Policy Society; presentation of “Rethinking
Rights in Biospace” (February
2007)
Chicago IP Colloquium, run jointly by the IP faculty at
Loyola Law School and Chicago-Kent Law School; presentation of “The Role of
Science in Law” (March 2007)
Joint session of the Intellectual Property Section and the
Antitrust and Economic Regulation Section at the AALS Annual Meeting;
presentation of “Differing Shades of
Meaning” (January 2007)
Joint FTC/DOJ hearings in Washington D.C. on determining
appropriate standards for tying prohibitions in high tech and biotech
industries; testimony (November 2006)
Stanford Law School, Conference on Law and Bioscience;
presentation on the topic of Reach-Through Royalties (September 2006)
Stanford Law School, private roundtable for Members of the
European Parliament to discuss software and internet patents (July 2006)
Boalt Hall School
of Law private roundtable with representatives of the USPTO to discuss patent
reform proposals (June 2006)
Santa Clara University Law School Conference on Intellectual
Property; presentation on the topic of Misuse as a Defense in Intellectual
Property Cases (October 2005)
Annual Intellectual Property Scholars’ Conference;
presentation of “Rethinking Rights in Biospace” (August 2005)
Silicon Valley Licensing Executives Society; presentation on
the topic of California Public Financing of Biomedical Research (July 2005)
Stanford University Center for the Advanced Study of the
Behavioral Sciences, conference cosponsored with the Gruter
Institute; on the topic of Property, Intellectual Property and the Brain (May
2005)
Annual Intellectual Property Scholars’ Conference ;
presentation of “The Open Source Movement in Biotechnology: Is It Patent
Misuse?” (August 2004)
Federal Judicial Center Conference held at Stanford Law
School; presentation to federal district court and appellate court judges on
the topic of Intellectual Property and Genetics (August 2004)
American Association of Law Schools Conference; presentation
on the topic of Open Source: Software and Beyond. Also moderated a panel at the
same conference on the topic of Antitrust and Dominant Firms (January 2005)
Stanford Law School, Stanford Center on Law and Technology
Conference on Intellectual Property Issues in Biotechnology; presentation on
the topic of How Government, Industry and Academia Interact for the Purposes of
Biotech Licensing (March 2005)
University of Iowa Law School, Antitrust Enterprise
Conference in honor of Herbert Hovenkamp; moderated
panel on the topic of Exclusionary Practices and §2 of the Sherman Act. (March
2005)
McCarthy Institute Intellectual Property Workshop Series at
University of San Francisco Law School; presentation of “Rethinking Rights in
Biospace” (April 2005)
Hastings Law School Symposium on Privacy and Security in the
New Millennium; presentation on the topic of Biometrics (2003)
Press Interviews:
The Deal, interview on the retirement of Judge John T. Ward
of the Eastern District of Texas and the likely impact on patent litigation
(October 2011)
Nature, interview on European Court of Justice ruling on
stem cell patents (October 2011)
KTVU Television News, live interview on the topic of San
Francisco transit authority action of shutting down phone service to disrupt
protests (August 2011)
Nikkei Electronics, interview for Japanese publication on
Google’s Android phone and the patent arms race among technology companies
(August 2011)
The Deal, interview on the history of Intellectual Property
Law in Silicon Valley (June 2011)
Associated Press; interview on potential liability for the
website, “Please Rob Me.” (February 2010)
San Francisco Weekly; interview on the topic of a lawsuit
related to below market rate condominiums (November 2009)
Law 360, legal newswire; interview on the topic of reverse
payment settlements in the pharmaceutical industry (July 2009)
KQED; background interview for segment of Forum with Michael
Krasny on Obama Administration’s new antitrust policy
(May 2009)
Fox News; interview concerning Internet free speech (January
2009)
Chronicle of Higher Education; featured in an article on balancing work and family life as a
woman law professor, entitled “The 24/7 Professor” (February 2008)
KCBS radio; live interview to analyze Supreme Court
antitrust decision concerning technology company practices during the Dot-Com
boom (June 2007)
ABC News; interview on IP case in which Hershey is suing a
drug dealer for selling treats laced with marijuana under names similar to
Hershey candy products (May 2007)
National Public Radio’s “Science Friday”; live segment
concerning a bill to forbid patenting of genes and related inventions (February
2007)
Brentwood Press; interview concerning a school board’s
exercise of eminent domain (August 2007)
San Francisco Daily Journal; interview on a lawsuit alleging
that that players of the on-line game Second Life have a claim against the game
company for confiscation of “virtual” land (December 2006);
National Public Radio; live interview concerning the effect
of recent Supreme Court Decisions on a town’s efforts to keep out WalMart by exercising Eminent Domain (April 2006)
KCBS radio; live interview to provide analysis of the Labcorp v. Metabolite case that was argued before the U.S.
Supreme Court that day. The case concerns the limits on patenting a natural phenomenon
(March 2006)
National Public Radio’s “Science Friday”; live segment
regarding the Labcorp case and on the Supreme Court’s
increasing interest in patent law (March 2006)
KCBS radio; live interview concerning the Supreme Court’s
denial of cert, in the Blackberry patent case (January 2006)
Lake Tahoe Daily Tribune; interview on prescriptive
easements (August 2005)
Bureau of National Affairs; interview on the California
Council for Science and Technology’s report on structuring IP rights in state
funded biomedical research (August 2005)
Screen International; interview on legal issues that arise
when Americans obtain all-region DVD players and import movies from overseas
markets in advance of the American release of the movie (June 2005)
San Francisco Examiner; interview on the Supreme Court’s
decision concerning eminent domain and the potential implications of that
decision for California landowners (June 2005)
CBS local affiliate KPIX television program “The Last Honest
Sports Show”; live segment on congressional subpoenas of baseball players
(March 2005)
Golf Weekly magazine; interview on the topic of the
antitrust implications of standard setting decisions (April 2005)
KRON television; live segment on the topic of who owns Barry
Bonds’ 700th home run ball (October 2004)