Biography

Faculty Director Stanford Program in Law, Science & Technology, Director, LLM Program in Law, Science & Technology and Faculty Co-Director, Transatlantic Technology Law Forum

Widely recognized as a preeminent scholar of intellectual property law, Mark A. Lemley (BA '88) is an accomplished litigator—having litigated cases before the U.S. Supreme Court, the California Supreme Court, and federal circuit courts—as well as a prolific writer with more than 100 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. He is also a partner and founder in the firm Durie Tangri LLP. 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

• To Post Or Not To Post?
  KCBS All News Radio 740 AM, January 13, 2010
• Stanford Law School Yields New Start-Up
  The Stanford Daily, January 12, 2010
• Patent Bar Pushing Fogel For Federal Circuit
  Daily Journal, January 04, 2010
• The Year Of Living Busily
  Corporate Counsel, December 15, 2009
• Supreme Court: When Do Ideas Deserve Patents?
  Time, November 18, 2009

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 IP Litigation Clearinghouse, Faculty Director
• 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

• John R. Allison, Mark A. Lemley and Joshua Walker, Extreme Value or Trolls on Top? The Characteristics of the Most-Litigated Patents, 158 University of Pennsylvania Law Review 1 (2009)
• Mark A. Lemley, Distinguishing Lost Profits from Reasonable Royalties, 51 William & Mary Law Review 655 (2009).
• Bhaven N. Sampat and Mark A. Lemley, Examining Patent Examination, Stanford Public Law Working Paper, No. 1485011 (November 2009).
• Mark A. Lemley and Ziv Shafir, Who Chooses Open Source Software? Stanford Law and Economics Olin Working Paper, No. 382 (October 2009).
• Daralyn J. Durie and Mark A. Lemley, A Structured Approach to Calculating Reasonable Royalties, Stanford Public Law Working Paper, No. 485064 (October 2009).
• Mark A. Lemley, Michael Risch, Ted M. Sichelman, and R. Polk Wagner, Brief Amici Curiae of 20 Law and Business Professors in Support of Neither Party: Bilski v. Doll , No. 08-964 in the Supreme Court of the United States (August 7, 2009).
• Anthony Falzone, Julie A. Ahrens, Sarah Hinchliff Pearson, Mark Lemley, et. al., Brief of Amici Curiae The Andy Warhol Foundation for the Visual Arts, Inc., The Andy Warhol Museum, Thomas Lawson, Barbara Kruger, Jonathan Monk, Allen Ruppersberg and Eleven Professors of Law in Support of Defendant-Appellee and Urging Affirmance: Gaylord v. United States, No. 2009-5044 in the United States Court of Appeals for the Federal Circuit (July 15, 2009).
• Mark A. Lemley, An Antitrust Assessment of the Google Book Search Settlement, Working Paper (July 2009).
• Dan L. Burk and Mark A. Lemley, Courts and the Patent System, 32 Regulation 18 (Summer 2009).
• Mark Lemley, Patent Trolls and the Effort to Fix the Patent System, Stanford Institute for Economic Policy Research Associates Meeting, June 11, 2009, Palo Alto, California.

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