Robin Feldman

Bio

Professor Feldman testifying before the House Committee on Energy & Commerce.

Robin Feldman is the Arthur J. Goldberg Distinguished Professor of Law at UC Law SF. She is Founder and Director of the UC Law SF Center for Innovation (C4i), of its flagship program, Startup Legal Garage, and of the AI Law & Innovation Institute. Feldman is also a member of the Forbes Technology Council. She received her JD from Stanford Law School, where she graduated Order of the Coif and was awarded the institution’s honor for graduating second in the class

Feldman is an award-winning scholar who has authored 4 books and more than 80 articles in law journals including at Harvard, Yale, and Stanford as well as in the American Economic Review, the New England Journal of Medicine, and various science journals. Her books, Drugs, Money, & Secret Handshakes: The Unstoppable Growth of Prescription Drug Prices (Cambridge 2019) and Drug Wars: How Big Pharma Raises Prices & Keeps Generics Off the Market (Cambridge 2017), have been influential and well-lauded. Former FDA Commissioner David Kessler called Drugs, Money, & Secret Handshakes, “The book the pharmaceutical industry does not want you to read,” and the chief editor of Outsourced Pharma described it as “one hundred power-packed pages of rich data and sober analysis.”

Feldman provides technical advice and testimony to congressional committees and government agencies on various intellectual property and innovation topics, responding to 50 such requests last year. She is frequently in the public eye, having given more than 750 press interviews over the past decade. Her areas of emphasis include Law and Medicine, Law and AI, and Competition.

Law and Medicine

Feldman is a leading expert in the complex legal intersections of intellectual property, health, and medicine. Her key works on the intersection of Law and Medicine include:

• Drugs, Money, & Secret Handshakes: The Unstoppable Growth of Prescription Drug Prices, Cambridge University Press
• Drug Wars: How Big Pharma Raises Prices & Keeps Generics Off the Market, Cambridge University Press
• Rethinking Patent Law, Harvard University Press
• Captive Generics: The Wolf in Sheep’s Clothing, Harvard Journal on Legislation
• Advertising Medicine: Selling the Cure, Stanford Tech. Law Review
• May Your Drug Price be Evergreen, Oxford Journal of Law and the Biosciences
• The Devil in the Tiers, Oxford Journal of Law and the Biosciences
• Trade Secrets in Biologic Medicine: The Boundary with Patents, Columbia Science & Tech Law Review
• Dance of the Biologics (forthcoming)

Law and AI

Professor Feldman has published academic work on AI since 2004 and provided technical advice to government on AI since 2017:

• Various Congressional Committees and state officials (technical advice on AI regulation)
• Army Cyber Institute (threat casting exercise)
• GAO (report to Congress on the future of AI)
• Federal Trade Commission (hearing on emerging competition, innovation, and market structure related to AI)
• US Patent & Trademark Office (session on patents & AI inventorship)
• National Academies (workshop on AI and machine learning to accelerate translational research & workshop on Robotics & AI)

On the research side, her works on Law and AI include:

• Competition at the Dawn of AI (book chapter with Nick Thieme)
• AI Governance in the Financial Industry, Stanford Journal of Law, Business & Finance (with former SEC commissioner Kara Stein)
• Artificial Intelligence: The Importance of Trust and Distrust, Green Bag
• Artificial Intelligence in the Health Care Space: How We Can Trust What We Cannot Know, Stanford Law & Policy Review (with Ehrik Aldana and Kara Stein)
• Considerations on the Emerging Implementation of Biometric Technology, UC Law SF Comm. & Ent. L.J.
• Artificial Intelligence and Cracks in the Foundation of Intellectual Property (forthcoming in UC Law Review)
• AI and Antitrust: The Algorithm Made Me Do It (forthcoming in J. Antitrust and Comp. L. Section)
• Harmonizing AI and IP (forthcoming book)

Competition

Feldman’s article Atomistic Antitrust (William & Mary Law Review) with Mark Lemley, won two awards in 2023, the year after it was published:

• Best Academic Article (General Antitrust)
  2023 Antitrust Writing Awards
• Best Antitrust Article of 2022 on Burdens of Proof
  Jerry S. Cohen Award for Antitrust Scholarship

Other works on competition include:

• Leading With the Trailing Edge: Facilitating Patient Choice for Insulin Products, Oxford Journal of Law and the Biosciences
• Perverse Incentives: Why Everyone Prefers High Drug Prices — Except for Those Who Pay the Bills, Harvard Journal on Legislation
• Challenges with Defining Pharmaceutical Markets and Potential Remedies to Screen for Industry Consolidation, J Health Polit Policy Law (with Scheffler, et. al)
• Defensive Leveraging in Antitrust, Georgetown Law Journal
• Patent and Antitrust: Differing Shades of Meaning, Virginia Journal of Law & Technology
• Patent Licensing, Technology Transfer, and Innovation, American Economic Review (with Mark Lemley)

Education

• Stanford Law School
  J.D., Law

• Stanford University
  B.A., Undergraduate Studies

Accomplishments

• Antitrust Writing Award
  Won "Best Academic Article, General Antitrust" for the article Atomistic Antitrust (with Mark Lemley) 2023

• Jerry S. Cohen Award for Antitrust Scholarship
  Won "Best Antitrust Article of 2022 on Burdens of Proof" for the article Atomistic Antitrust (with Mark Lemley) 2023

• Leon I. Goldberg Memorial Lecture Award
  Bestowed by the University of Chicago’s Committee on Clinical Pharmacology and Pharmacogenomics, for Feldman's "seminal" and "consistently high impact" work in pharmaceutical policy and law. 2020

• Women Leaders in Law & Technology
  Honored by the American Lawyer Publications as one of the Women Leaders in Law & Technology. 2016

• Visionary Award
  Presented in 2012 by the UC Law SF Board of Directors for founding the Innovation Law Clinics and the Law & Bioscience Project. 2012

• Elected Member, ALI
  Elected to the American Law Institute; Appointed as advisor to the ALI's Restatement of Copyright Project 2011

• William Rutter Award for Excellence in Teaching
  Awarded by the University of California at Hastings. 2009

• 1066 Foundation Award for Scholarship
  Awarded by the University of California at Hastings. 2004

Selected Scholarship

• Captive Generics: The Wolf in Sheep's Clothing
  Robin Feldman, Harvard Journal on Legislation 2022

• AI Governance in the Financial Industry
  Robin Feldman and Kara Stein, Stanford Journal of Law, Business & Finance 2022

• The Price Tag of 'Pay-for-Delay'
  Robin Feldman, Columbia Science & Technology Law Review 2022

• Negative Innovation: When Patents are Bad for Patients
  Robin Feldman and David A. Hyman, et al. , Nature Biotechnology 2021

• The Devil in the Tiers
  Robin Feldman, Oxford Journal of Law and the Biosciences 2021

• May Your Drug Price Be Evergreen
  Robin Feldman, Oxford Journal of Law and the Biosciences 2018

• Federalism, First Amendment & Patents: The Fraud Fallacy
  Robin Feldman, Columbia Science & Technology Law Review 2015

• The Giants Among Us
  Robin Feldman and Thomas Ewing, Stanford Technology Law Review 2012