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.

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 […]

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 […]

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 […]

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 […]

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 […]