Badgering Silicon Valley’s Biggest Players

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Publish Date:
October 15, 2015
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Chicago Daily Law Bulletin
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Summary

The Chicago Daily Law Bulletin quotes Professor Mark Lemley’s research on patent trolls in response to a recent ruling against Apple for patent infringement. 

This week, jurors in Madison, Wis. ruled that the world’s most valuable company, Apple Inc., infringed a patent from 1998 that makes microprocessors in its popular iPhones more efficient.

The verdict in the ongoing trial sets the stage for a damages award that could range from $400 million to $860 million, according to news reports and court documents.

Mark Lemley, a Stanford Law School professor well-known for his research on the patent system, makes a similar argument about the effect of the term in the broader policy debate.

In a 2013 paper in the Columbia Law Review titled “Missing the Forest for the Trolls,” Lemley and Intel’s general counsel, A. Douglas Melamed, write that while trolls are a problem, they are also “taking the rap for problems with the patent system.”

“Practicing entities, as well as trolls, can and do take advantage of these issues,” Lemley and Melamed write.

“Rather than focusing on the trolls — the symptoms — the law should turn its attention to the disease itself.”

“They are clearly a ‘non-practicing entity,’” Lemley wrote in an e-mail. “But I don’t think we should care that much.”

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