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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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