Hastings Science & Technology Law Journal (STLJ) is a multidisciplinary journal created to enrich the discourse at the nexus of science, technology, and the law. Specifically, STLJ focuses on the exciting legal issues surrounding startup technology companies, biotechnology, clean technology, intellectual property, data privacy, and health policy, while exploring the implications of technological advances on traditional legal fields, such as contracts, antitrust, and tax.

Broadband, the States, and Section 706: Regulatory Federalism in the Open Internet Era

by CHARLES M. DAVIDSON and MICHAEL J. SANTORELLI – The relationship between federal and state regulators in the U.S. telecommunications space has long been fraught with tension regarding the boundaries of regulatory authority over communications services of all kinds. Unlike with basic services like traditional telephony, however, Congress expressed a clear preference for leaving advanced […]

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Taxation by Condition: Spectrum Repurposeing at the FCC and the Prolonging of Spectrum Exhaust

by T. RANDOLPH BEARD, PH.D., GEORGE S. FORD, PH.D., LAWRENCE J. SPIWAK, ESQ., AND MICHAEL STERN, PH.D. – In this article, we show how the Federal Communications Commission’s regulatory process may be used by special interests (and the Agency) to impede the efficient functioning of a secondary market for commercial spectrum. In particular, we show […]

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The Standard of Review for Claim Construction in Inter Partes Review

by ALANA CANFIELD MANNIGÉ – The Court of Appeals for the Federal Circuit (Federal Circuit) hears appeals from the United States Patent & Trademark Office (PTO). Recently, the American Invents Act expanded the PTO’s power in the patent world by creating new types of proceedings, including Inter Partes Review (IPR), by which one may challenge […]

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You Can Dance if You Want To? Initial Interpretations of the BPCIA’s Patent Dance with Sandoz and Amgen

by JENNY M. ALSUP – As patents covering brand-name biologics begin to expire, biosimilar manufacturers are preparing to enter the market. Since its enactment in 2010, many have speculated on how the Biologics Price Competition and Innovation Act will influence competition and innovation, and whether the provisions struck the right balance. Now for the first […]

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Online Consent and the On-Demand Economy: An Approach for the Millennial Circumstance

by JESSICA L. HUBLEY – The on-demand economy emerged over the last decade as a new commercial model facilitated by the laws of online contracts. This article focuses on four specific categories of web-based services with common characteristics: (1) Marketplaces, (2) Contractor Marketplaces, (3) Gig Platforms, and (4) Service Platforms. Categorizing on-demand companies in this […]

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Star Wars: The Battle to Protect the Rights of Publicity of America’s Astronauts

by ROBERT C. O’BRIEN and PAUL A. ALARCÓN – This article examines the efforts by astronauts to establish and protect their publicity rights. Part Isummarizes the development of the right of publicity generally. Part II discusses the development of that right within California jurisprudence. Part III analyzes the arguments offered against astronauts who have been […]

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ANDA Reverse Payments and the Post-Actavis Landscape

by MICHELE M. KANG – Pharmaceutical companies spend much of their time and resources in conducting clinical trials for developing new drugs. Under the HatchWaxman Act, generic drugs can refer to the same clinical trials that the initial pharmaceutical companies have done, if they prove similarities in the biological makeup of both drugs. A trend […]

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Spotting Software Innovation in a Patent Assertion Entity World

by GARRY A. GABISON – This paper looks at the relationship between venture capital (VC) funds and patent assertion entities (PAEs). These two types of entities rely heavily on patents most particularly in the software industry. The paper analyzes this relationship and argues that VC funds have fed into the PAE phenomenon. This paper also […]

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Idea Theft: Frivolous Copyright-Lite Claims, or Hollywood Business Model?

by K.J. Greene – Two facts regarding idea theft in the creative context are undeniable—first, that idea misappropriation claims against Hollywood studios and television producers are rampant, and second, that the hodge-podge legal regime surrounding idea submission claims is in disarray. Institutional entertainment industry players, such as major Hollywood studios, dismiss idea theft claims as […]

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Developing DROP Discipline: Training and Testing Operators of Small Unmanned Aircraft Systems

by Henry H. Perritt, Jr. and Eliot O. Sprague – This is the third in a series of articles about drones by the co-authors. The first, Drones, introduces the subject and explores the technologies that makes microdrones so useful and so inexpensive. It provides an overview of technological, economic, political, and regulatory issues that the […]

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