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94 Minn. L. Rev. Headnotes 1 (2009-2010)

handle is hein.journals/headnotpan94 and id is 1 raw text is: Response Innovating Between and Within Technological Paradigms: A Response to Samuelson Peter Leet Patents on interfaces are problematic-sometimes. In Are Patents on Interfaces Impeding Interoperability?, Professor Pa- mela Samuelson lays a valuable foundation for distinguishing when they are and when they are not.' She begins by reviewing the economic benefits of interoperability as well as the histori- cal emergence of interface patents, which threaten to impede such interoperability.2 After surveying an impressive array of potential policy responses,3 she concludes that patentees gen- erally face adequate incentives to allow access to proprietary interfaces.4 Therefore, she ultimately argues in favor of meas- ured, targeted policy interventions to remediate the (rare) in- stances when interface patents actually impede interoperabili- ty.5 In this Response, I extend Professor Samuelson's analyses to further explore the antecedent question of identifying when intervention is warranted. As we will see, moreover, determin- ing when such patents warrant attention informs the question of what kinds of intervention are most appropriate. In elaborating my Response, I rely heavily on the concept of technological paradigms. I adapt this term from philosopher of science Thomas Kuhn, who characterized scientific para- digms as coherent traditions of scientific practice rooted in un- t Acting Professor of Law, UC Davis School of Law. I would like to thank Julie Cohen, Pamela Samuelson, and the editors of the Minnesota Law Review. Copyright © 2009 by Peter Lee. 1. Pamela Samuelson, Are Patents on Interfaces Impeding Interoperabili- ty?, 93 MINN. L. REV. 1943 (2009). 2. Id. at 1946-65. 3. Id. at 1969-2004. 4. Id. at 2004-05. 5. Id. at 2009.

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