Robin Feldman

Professor of Law

Director, Institute for Innovation Law
U.C. Hastings 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:

Visionary Award (presented in 2012 by the UC Hastings Board of Directors for founding the Innovation Law Clinics and the Law & Bioscience Project)

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 (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)

 

            Articles:

Intellectual Property Wrongs (forthcoming Stanford Journal of Law, Bus. & Finance 2013)

Copyright at the Bedside: Should We Stop the Spread? (forthcoming Stanford Tech. L. Rev. 2013)

The America Invents Act 500 Expanded: Effects of Patent Monetization Entities, (forthcoming UCLA J. of Law & Tech.  2013)

A Conversation in Judicial Decision-Making, 5 Hastings Sci. & Tech. L.J. 1, (2013)

The Giants Among Us, 2012 Stanford 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

Understanding and Incentivizing Biosimilars, 64 Hastings L.J.  57 (2012), with Jason Kanter

Copyright and Open Access at the Bedside, 365(26) New England Journal of Medicine 2449 (Dec. 29, 2011), with John Newman

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)

 

            Written Commentaries in 2013:

SCOTUSBlog, “A Conversation Between the Supreme Court and the Federal Circuit” (symposium on the Myriad gene patenting case) (February 6, 2012)

Boston Globe, “To Liberate American Innovation, We Need to Rethink Patents” (January 20, 2013)

Washington Legal Foundation, “Conversation with the Honorable Dick Thornburgh on Trolling, Licensing & Litigation: A 21st Century Patent Paradigm” (Spring 2013)

 

            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)

Press Interviews & Reviews of Published Work:  (prior 2 academic years)

The Giants Among Us, 2012 Stanford Tech. L. Rev. 1, has received considerable press attention. There are too many articles to list, but highlights include the following:

--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 choose “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.

The America Invents Act 500: Effects of Patent Monetization Entities on US Litigation, 2012 Stanford Tech. L. Rev. 1, was the 5th most downloaded article on any legal topic in SSRN’s database of recent work. The article was mentioned prominently in the FTC/DOJ roundtable on Antitrust and Patent Assertion Entities in December 2012. The article was also described by dozens of news outlets, including the New York Times, the Wall Street Journal and Fortune Magazine.

Copyright and Open Access at the Bedside, 365(26) New England Journal of Medicine 2449 (Dec. 29, 2011), within a few days of publication, was picked up by more than a dozen blogs, including those of the Washington Post, Wall Street Journal, Forbes, and FindLaw, as well as ones at Oxford University, Harvard Law School, and Stanford Law School.

 

NPR Marketplace interview on Apple patenting and trademarking architectural design of stores (February 2013)

CBS television news live segment regarding patents that would allow TV and xBox game systems to monitor who is watching in order to tailor ads and charges (December 2012)

NYT interview on Judge Posner’s decisions and commentary regarding patent smartphone wars (February 2012)

Fortune Magazine interview on Supreme Court Myriad gene patenting case (February 2012)

The Deal interview on retirement of PTO Director Kappos (February 2012)

Law360 interview on Cisco’s RICO suit against a patent troll (February 2012)

Daily Journal interview on 9th Circuit antitrust opinion in AT&T Mobility v. AU Optronics (February 2012)

Featured on Korean TV documentary on “The Trial of the Century: Apple v. Samsung” (January 2013)

Wall Street Journal interview on PTO proposed sunshine rules (Dec. 2012)

Reuters interview on PTO proposed sunshine rules (December 2012)

Wired Magazine on motions in the Apple v. Samsung case (December 2012)

Mother Jones interview on silly patents granted (December 2012)

mLex interview on Kodak patent deal and patent buying consortia (Dec. 2012)

Wall Street Journal interview on FTC/DOJ remedies for patent troll behavior (November 2012)

Wired magazine interview on Apple v. Samsung ongoing motions (Nov. 2012)

Wall Street Journal interview on RICO suit filed against troll by Cisco (Nov. 2012)

Business Insider interview on most litigious holding companies (Nov. 2012)

Motherboard interview on notorious patent troll and how to fix the patent system (October 2012)

Wired Magazine interview on Microsoft’s comments that the patent system is not broken (October 2012)

Information Week interview on patent cases in mobile devices (October 2012)

The Deal interview on my AIA 500 study showing dramatic increase in patent litigation by patent monetization entities (September 2012)

The Register (UK) interview on my book The Role of Science in Law and making patent trials accessible to lay people (September 2012)

mLex interview on AIA 500 study showing dramatic increase in patent litigation by patent monetization entities (October 2012)

Boston Globe interview on my AIA 500 study showing dramatic increase in patent litigation by patent monetization entities (September 2012)

Wired Magazine interview on Apple patent and trademark claims in China against Goophone (September 2012)

Treasury & Risk interview on patent litigation study (September 2012)

Politico interview on Goophone knockoff of Apple in China (Septermber 2012)

NPR Science Friday live segment on the Apple v. Samsung trial (August 2012)

KQED Forum, live one-hour segment on the Apple v. Samsung trial (August 2012)

San Francisco Chronicle interview on Craigslist filing suit against 3Taps regarding apartment aggregators (August 2012)

AP television news segment on the Apple v. Samsung trial (August 2012)

San Jose Mercury News interview on the verdict in the Apple v. Samsung trial (August 2012)

Bloomberg television news live segment on the verdict in the Apple v. Samsung trial (August 2012)

Wired Magazine interview on the verdict in the Apple v. Samsung trial (August 2012)

Legally Speaking Series, Voice of Russia radio interview on the Apple v. Samsung trial (August 2012)

Maclean’s Canadian weekly news magazine interview on the Apple v. Samsung trial (August 2012)

Once TV, Mexican Public Television interview on the Apple v. Samsung trial (August 2012)

San Jose Mercury News interview on the evidence in the Apple v. Samsung trial (August 2012)

Australian Broadcasting Corporation radio interview on the verdict in the Apple v. Samsung trial (August 2012)

CBS television news interview on the likely impact of the Apple v. Samsung trial (August 2012)

CBS television news interview on the legal claims in the Apple v. Samsung trial (August 2012)

Daily Journal interview on patent aggregators and the NTP settlement with wireless providers (August 2012)

TBS Radio, Seoul, South Korea interview on the verdict in the Apple v. Samsung trial (August 2012)

Recorder interview on the legal claims in the Apple v. Samsung trial (August 2012)

Fox local television news interview on the Apple v. Samsung trial (July 2012)

NPR Marketplace radio interview on juries and technical evidence (July 2012)

NPR Marketplace radio follow-up interview on modern patent law (July 2012)

AP television news interview on the Apple v. Samsung trial (July 2012)

Wall Street Journal interview on companies forming patent monetization entities (July 2012)

Wired Magazine interview on Apple’s iTravel patent and potential threats to Android systems (July 2012)

KGO news radio live interview on the Applev. Samsung Trial (July 2012)

Wired Magazine interview on recently granted broad patents (July 2012)

Wired Magazine interview on the Apple v. Samsung trial (July 2012)

Wall Street Journal interview on non-practicing entities (June 2012)

CBS local television news live segment on Internet privacy (June 2012)

CBS local television news interview regarding the DOJ price-fixing suit against Apple Computer (April 2012)

ABC local television news interview regarding the DOJ price-fixing suit against Apple. (April 2012)

NPR Marketplace interview on how juries handle complex computer software copyright cases (April 2012)

San Francisco Business Times ran a front-page article on QB3 and described how Hastings LAB Project students are helping companies in the QB3 “Start Up in a Box” program with intellectual property analyses. (April 2012)

San Francisco Business Times on-line edition ran a follow-up story on approval of the new Hastings Innovation Law Clinics and how the clinics fit within the law school’s overall strategic plan. (April 2012)

Yale University radio station guest for a segment on emerging issues in patents and technology (February 2012)

Medical Device Daily interview on the Supreme Court’s decision in Mayo v. Prometheus (March 2012)

Computerworld interview on patent aggregators for an article that discussed, The Giants Among Us (April 2012)

Fortune Magazine interview on The Giants Among Us. (April 2012)

KQED live radio interview on the popular uprising against the proposed Stop On-Line Piracy Act (SOPA) (January 2012)

Medical Device Daily interview on the Supreme Court argument in Mayo v. Prometheus (January 2012)

American Medical Association Journal, Medical News, interview on “Copyright and Open Access at the Bedside” (December 2011)

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)

Fox local 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)

 

Speaking Engagements: (academic years 2010-2013)

 

California Assembly Select Committee on Privacy, testimony on status of federal, state, and European privacy law (March 2013)

Yale Law School, Information Society Project, presentation of Intellectual Property Wrongs (February 2013)

Stanford Law School, program in Law, Science & Technology, presentation of Intellectual Property Wrongs (February 2013)

Stanford Law School, Biolaw & Health Policy Society, presentation on Supreme Court Myriad gene patenting case (February 2013)

UC Hastings Law, moderated Q&A symposium for the Hastings Constitutional Law Quarterly on gene patenting, featuring Alex Kozinski, Chief Judge of the 9th Circuit (February 2013)

FTC/DOJ Workshop on antitrust issues and Patent Assertion Entities (Dec. 2012)

Annual Intellectual Property Scholars Conference, presentation of The Giants Among Us (August 2012)

Stanford Law School, roundtable discussion with White House IP Enforcement Coordinator on five-year plan for enforcement (June 2012)

Stanford University, presentation on the topic of What Inventors Should Know About Intellectual Property (May 2012)

Federal District Court Judges of the Northern District of California conference, panelist on the topic of Non-Practicing Patent Entities (April 2012)

Berkeley Law School, panelist on the topic of Patentable Subject Matter in the Health Sciences: Diagnostics & DNA (April 2012)

Stanford Law School Conference on Law and the Biosciences, panelist and moderator on the topic of Patent Exhaustion & International Sales (April 2012)

Food & Drug Law Institute annual conference in Washington DC, panelist on the topic of Innovative Collaborations Between Industry & Academia (April 2012)

Stanford Law School, Law and the Biosciences Workshop, presentation of  The Giants Among Us.”  (January 2012)

San Francisco Veterans Administration, works-in-progress for medical faculty of the Department of Geriatrics, discussion of New England Journal of Medicine Piece, Copyright & Open Access at the Bedside.” (January 2012)

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)

             


Appendix- Robin Feldman

 

            Older Speaking Engagements:

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)

 

            Older Press:

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)