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.

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 […]

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 […]

The Intersection of Patents and Trade Secrets

by Michael R. McGurk and Jia W. Lu – An old retort in politics is “You’re either a Democrat or a Republican!” Likewise, the counterpart retort in Intellectual Property for companies back in the day was “You’re either a patent company or a trade secret company!” Patents and trade secrets are the only two forms […]

Trolling for an NPE Solution

by Jared A. Smith and Nicholas Transier – An all-out war is being waged against patent trolls in every corner of the government. But why? To answer that question, this note considers a wide range of laws, rules, decisions, and other measures being offered up as a solution to the “troll problem.” In doing so, […]

Are Prior Art Citations Determinative of Patent Approval?: An Empirical Analysis of the Strategy Behind Citing Prior Art

by James H. Richardson – This paper analyzes the impact of prior art citation by inventors on examiner citations and upon the time to patent approval. Using two discrete datasets comprised of extensive filing data, this analysis presents conclusions regarding the impact of applicant citations on filing, and uses these conclusions to extrapolate to a broader […]

Neutering Net Neutrality: What Verizon v. F.C.C. Means for the Future of the Internet

by Alexander Hurst – Few things are as ingrained in Americans’ daily lives as the Internet. A one-stop source for information, communication, and entertainment, the Internet has, for many, supplanted the old media that came before it such as books, telephones, fax machines, and television. Yet the Internet is an incredibly nebulous thing, a network […]

Using GATT-TRIPs to Improve Development Opportunities: A Proposal for Central America

by Cecily Anne O’Regan & Patrick T. O’Regan –   Given the geographic and natural resource advantages that countries in the Americas have which will likely shape the business and trade climate in the 21st century, accelerating the development process for developing countries in the region takes on new significance for all involved. This work assesses […]

Distributive Injustice and Organ Transplant Waitlists

by Huma Zarif – Organ transplantation has been a life-saving treatment option for many who require this intervention due to organ failure. However, there are many legal and ethical considerations regarding allocation of this limited resource. Some of these issues were brought to the forefront in the highly publicized cases of Steve Jobs, Sarah Murnaghan, […]

Fair Use in the Classroom; A Conundrum for Digital User-Generated Content in the “Remix” Culture

by Samantha Von Hoene –  The age of digital media has broadened the ability of consumers to access, create, manipulate and reproduce content with great ease and speed. With these advances in technology comes the growing trend of user-generated content, which involves a wide variety of media that is created by consumers and end-users. While […]

An Insight into the Apparel Industry’s Patent Troll Problem

by Ashli Weiss –  Patent trolls have increasingly targeted the end users of patent-encumbered technology rather than suing the companies that created the allegedly infringing products themselves. Apparel companies provide a useful example of the predicament faced by a variety of similarly situated, non-technology-oriented companies targeted by troll litigation.  As high-profile end users of a […]