Biography

Mark Lemley is the William H. Neukom Professor of Law at Stanford Law School, the Director of the Stanford Program in Law, Science and Technology, and the Director of Stanford's LLM Program in Law, Science and Technology. He teaches intellectual property, computer and Internet law, patent law, and antitrust. He is the author of seven books (most in multiple editions) and 123 articles on these and related subjects, including the two-volume treatise IP and Antitrust. His works have been cited more than 130 times by courts, including seven United States Supreme Court opinions, and over 9,000 times in books and law review articles. His articles have been reprinted throughout the world, and translated into Chinese, Japanese, Korean, Spanish, Italian, and Danish. He has taught intellectual property law to federal and state judges at numerous Federal Judicial Center and ABA programs, has testified seven times before Congress and numerous times before the California legislature, the Federal Trade Commission and the Antitrust Modernization Commission on patent, trade secret, antitrust and constitutional law matters, and has filed numerous amicus briefs before the U.S. Supreme Court, the California Supreme Court, and the federal circuit courts of appeals.

Mark is a founding partner of Durie Tangri LLP. He litigates and counsels clients in all areas of intellectual property, antitrust, and Internet law. He has argued six Federal appellate cases and numerous district court cases, and represented clients including Comcast, Genentech, Google, Grokster, Hummer Winblad, Impax, Intel, NetFlix, Palm, TiVo, and the University of Colorado Foundation in over 80 cases in two decades as as lawyer.

Mark is the founder and a board member of Lex Machina, Inc., a startup company providing data and analytics around IP disputes to law firms, companies, courts, and policy-makers.

Mark has been named California Lawyer's Attorney of the Year (2005), Best Lawyers’ San Francisco IP Lawyer of the Year (2010), and a Young Global Leader by the Davos World Economic Forum (2007). In 2009 he received the California State Bar’s inaugural IP Vanguard award. In 2002 he was chosen Boalt's Young Alumnus of the Year. He has been recognized as one of the top 50 litigators in the country under 45 by the American Lawyer (2007), one of the 100 most influential lawyers in the nation by the National Law Journal (2006), one of the 10 most admired attorneys in IP (2010) by IP360, one of the 25 most influential people in IP (2010) by the American Lawyer, one of the top intellectual property lawyers in California (2003, 2007, 2009, 2010), and one of the 100 most influential lawyers in California (2004, 2005, 2006, 2008, 2009, 2011) by the Daily Journal, among other honors.

After graduating from law school, Mark clerked for Judge Dorothy Nelson on the United States Court of Appeals for the Ninth Circuit, and has practiced law in Silicon Valley with Brown & Bain and with Fish & Richardson and in San Francisco with Keker & Van Nest. Until January 2000, he was the Marrs McLean Professor of Law at the University of Texas School of Law, and until June 2004 he was the Elizabeth Josslyn Boalt Professor of Law at the Boalt Hall School of Law, University of California at Berkeley.

Key Works

• Mark A. Lemley, Michael Risch, Ted M. Sichelman, R. Polk Wagner, Life After Bilski, 63 Stanford Law Review 1315 (2011).
• Dan L. Burk and Mark A. Lemley, Fence Posts or Sign Posts: Rethinking Patent Claim Construction, 157 University of Pennsylvania Law Review 1541 (2009).
• 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).

In the News

• Mixed Ruling In Oracle Google Infringement Case
  KQED News, May 07, 2012
• Google Infringed Oracle Copyrights, Jury Finds, But Deals A Blow To Oracle's Quest For $1 Billion
  San Jose Mercury News, May 07, 2012
• Patent Deals Bring Antitrust Attorneys To The Table
  Corporate Counsel, May 01, 2012
• Mayo, Myriad Subject to Debate, Professors, IP Practitioners Argue
  Patent, Trademark & Copyright Law Daily, May 01, 2012
• Oracle-Google Case Shows Patent System Flaws
  San Francisco Chronicle, April 25, 2012

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

• Mark A. Lemley, Fixing the Patent Office, NBER working paper series, no. 18081, May 2012. Previously issued as Stanford Law and Economics Olin Working Paper No. 422, available at SSRN: http://ssrn.com/abstract=2023958.
• Mark Lemley, Mark McKenna, Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP, Stanford Law and Economics Olin Paper Series No. 424 (2012), Available at SSRN http://papers.ssrn.com/abstract_id=2038039.
• Mark A. Lemley, Contracting Around Liability Rules, 100 California Law Review 463 (2012). Previously issued as Stanford Law & Economics Olin Paper Series, paper no. 415, Stanford, Calif.: Stanford Law School, 2011.
• Colleen V. Chien, Mark A Lemley, Patent Holdup, the ITC, and the Public Interest, Cornell Law Review, forthcoming 2012. Also Legal Scholarship Network: Public Law & Legal Theory Paper Series (2012).
• Mark A. Lemley, The Dubious Autonomy of Virtual Worlds, Public Law & Legal Theory Paper Series. Available at SSRN (2012)..
• Mark A. Lemley, Point of Novelty, 105 Northwestern University Law School 1253 (2012). Previously Stanford Public Law Working Paper No. 1735045.
• Mark A. Lemley, The Myth of the Sole Inventor,110 Michigan Law Review 709 (2012) Originally issued as a Stanford Public Law Working Paper. Availlable at SSRN: http://ssrn.com/abstract=1856610
• Dan L. Burk and Mark A. Lemley, Tailoring Patents to Different Industries, in Biotechnology and Software Patent Law: A Comparative Review of New Developments, edited by Emanuela Arezzo, Gustavo Ghidini, Cheltenham, UK: Edward Elgar, 2011.
• Mark Lemley, David S. Levine, and David G. Post, Don't Break the Internet, Huffington Post, December 21, 2011.
• Mark Lemley, David S. Levine, and David G. Post, Don't Break the Internet, 64 Stanford Law Review Online 34 (2011).

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