Biography

Widely recognized as a preeminent scholar of intellectual property law, Mark A. Lemley (BA ’88) is an accomplished litigator—having tried cases before the US Supreme Court, the California Supreme Court, and federal circuit courts—as well as a prolific writer with over 90 published articles and six books. He has testified numerous times before Congress, the California legislature, the Federal Trade Commission, and the Antitrust Modernization Commission on patent, trade secret, antitrust, and constitutional law matters, and he also serves as of counsel at Keker & Van Nest in the areas of antitrust, intellectual property and computer law. His contributions to legal scholarship focus on how the economics and technology of the Internet affect patent law, copyright law, and trademark law; and at Stanford he currently acts as the Director of the Program in Law, Science & Technology, and the Director of the LLM Program in Law, Science & Technology.

Before joining the Stanford Law School faculty in 2004, he was a professor of law at the UC Berkeley School of Law (Boalt Hall) and at the University of Texas School of Law. He also served as counsel at Fish & Richardson and Brown & Bain as well as clerked for Judge Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit.

Key Works

• Mark A. Lemley and Carl Shapiro, Patent Holdup and Royalty Stacking, 85 Texas Law Review 1991 (2007).
• Mark A. Lemley and Douglas Lichtman, Rethinking Patent Law's Presumption of Validity, 60 Stanford Law Review 45 (2007).
• Mark A. Lemley, Property, Intellectual Property, and Free Riding, 83 Texas Law Review 1031 (2005).
• Dan L. Burk and Mark A. Lemley, Policy Levers in Patent Law, 89 Virginia Law Review 1575 (2003).
• Mark A. Lemley, Rational Ignorance at the Patent Office, 95 Northwestern University Law Review 1495 (2001).
• Mark A. Lemley and David McGowan, Legal Implications of Network Economic Effects, 86 California Law Review 479-611 (1998).
• Mark A. Lemley, The Economics of Improvement in Intellectual Property Law, 75 Texas Law Review 989-1084 (1997).

In the News

• 'Gold-Plated' Patent Finds Few Takers
  IP Law And Business, October 01, 2008
• Right To Copy DVDs To PCs At Center Of Copyright Spat
  The Wall Street Journal Law Blog, October 01, 2008
• Hollywood Studios Sue To Stop Distribution Of DVD-Copying Software
  Los Angeles Times, September 30, 2008
• Shaping The Future: Top 100
  Daily Journal Supplement, September 17, 2008
• Program Turns To Online Masses To Improve Patents
  Associated Press, September 14, 2008

Courses & Programs

Courses

• Introduction to Intellectual Property

Programs

• Center for Law and the Biosciences, William H. Neukom Professor of Law
• CodeX: Stanford Center for Computers and Law, William H. Neukom Professor of Law
• John M. Olin Program in Law and Economics, William H. Neukom Professor of Law
• Stanford Program in Law, Science & Technology, William H. Neukom Professor of Law
• Transatlantic Technology Law Forum, William H. Neukom Professor of Law

Publications & Cases

Recent Publications View All

• Mark A. Lemley, Arti K. Rai, et. al., Brief Amici Curiae of Intellectual Property and Administrative Law Professors in Support of Appellants: Tafas and Smthkline Beecham v. Dudas, No. 2008-1352 in the United States Court of Appeals for the Federal Circuit (July 29, 2008).
• Mark A. Lemley, The Surprising Virtues of Treating Trade Secrets as IP Rights, Stanford Law and Economics Olin Working Paper, No. 358 (July 2008).
• Daralyn J. Durie and Mark A. Lemley, A Realist Approach to the Obviousness of Inventions, Stanford Public Law Working Paper, No. 1133169 (June 2008).
• Mark A. Lemley, Distinguishing Lost Profits from Reasonable Royalties, Working Paper(May 2008).
• Mark A. Lemley, Michael Risch and R. Polk Wagner, Brief Amicus Curiae of 22 Law and Business Professors in Support of Appellants: In Re Bernard L. Bilski and Rand A. Warsaw, No. 08/833, 892 in the United States Court of Appeals for the Federal Circuit (April 7, 2008).
• Mark A. Lemley, Are Universities Patent Trolls? 18 Fordham Intellectual Property, Media & Entertainment Law Journal 611 (Spring 2008) / Stanford Public Law Working Paper, No. 980776 (2007).
• Stacey L. Dogan and Mark A. Lemley, The Trademark Use Requirement in Dilution Cases, Stanford Public Law Working Paper, No. 1033165 (December 2007).
• Mark A. Lemley and Christopher R. Leslie, Categorical Analysis in Antitrust Jurisprudence, Stanford Law and Economics Olin Working Paper, No. 348 (November 2007).
• Mark A. Lemley and Nathan Myhrvold, How to Make a Patent Market, 36 Hofstra Law Review 257 (Winter 2007) / Stanford Law and Economics Olin Working Paper, No. 347 (August 2007).
• Mark A. Lemley, The Limits of Claim Differentiation, 22 Berkeley Technology Law Journal 1389 (Fall 2007).

Affiliations & Honors

Professional Affiliations

• Advisor (2004-Present), Principles of the Law of Software Contracts Project, American Law Institute
• Arbitrator (1999-2001), Domain Name Disputes, Internet Corporation For Assigned Names and Numbers
• Chair, Association of American Law Schools Section on Law and Computers, 1997
• Master, San Francisco Bay Area Intellectual Property Inns of Court
• Member (2004-Present), Advisory Board, Electronic Frontier Foundation
• Member (2000-Present), Northern District of California Working Committee on Model Patent Jury Instructions
• Member (1995-Present), Panel of Academic Advisors, American Committee for Interoperable Systems
• Member (1995-1999), Board of Directors, University Cooperative Society
• Member (1994-2000), Board of Editors, American Intellectual Property Law Association Quarterly Journal
• Member, American Intellectual Property Law Association and American Law and Economics Association
• Moderator, "CyberProf" Internet listserv

Honors and Awards

• Honoree, World Economic Forum Young Global Leader, 2007
• Honoree, American Lawyer’s Young Litigators Fab Fifty, 2007
• Recipient, Best Lawyers in America, 2007 (IP, antitrust)
• Honoree, National Law Journal's "100 Most Influential Lawyers," 2006
• Recipient, California Lawyer’s Attorney of the Year (CLAY) Award, 2005
• Honoree, Lawdragon 500: New Stars, New Worlds, 2006
• Honoree, Lawdragon Leading Lawyers in America, 2005, 2006
• Honoree, Daily Journal 100 Most Influential Attorneys in California, 2004, 2005, 2006
• Honoree, San Francisco Magazine, Northern California Super Lawyers (IP litigation), 2004, 2005, 2006
• Honoree, Marquis Who’s Who in America, 2004, 2005, 2006, 2007
• Finalist, World Technology Network’s World Technology Award for Law, 2004
• Honoree, Daily Journal Top 25 Intellectual Property Attorneys in California, 2003
• Recipient, Young Alumnus of the Year, UC Berkeley School of Law (Boalt Hall), 2002
• Recipient, Order of the Coif, UC Berkeley School of Law (Boalt Hall)
• Recipient, Thelen Marrin Prize, UC Berkeley School of Law (Boalt Hall)
• Recipient, John G. Sobieski Prize in Economics, Stanford University, 1988