Posts Tagged: Mark Lemley


Mystery Science: What Lemley and His Colleagues Get Wrong in Their Push for SCOTUS to Review TCL v. Ericsson

In December 2019, the United States Court of Appeals for the Federal Circuit issued a decision in a standard essential patent (SEP) appeal involving Ericsson and TCL Communication …
By Gene Quinn
3 months ago 8

Study Suggests Individuals and Startups More Likely to Face Invalidity Under Alice

To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, …
By Gene Quinn & Rebecca Tapscott
7 months ago 14

Final Briefs Filed with SCOTUS in Romag Fasteners Case on Trademark Infringement Damages

On November 27, briefing concluded at the Supreme Court with the filing of Fossil’s respondent’s brief in Romag Fasteners, Inc., v. Fossil, Inc., et al. The …
By Benjamin Hodges
11 months ago 0

Professors Brief Capitol Hill Staffers on Proposal to Weed Out ‘Bad Patents’

On Thursday, October 17, a Capitol Hill staff briefing will take place at 3:30 PM in 226 Dirksen Senate Office Building on a proposal to increase the amount of time …
By Steve Brachmann
1 year ago 47

Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem

As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
By David Cohen
1 year ago 1

Chief Points from Responses to Senator Hirono’s Questions to Section 101 Panelists

Yesterday, we ran a series of excerpts from responses to Senator Thom Tillis’ (R-NC) questions for the record to panelists following the June hearings on U.S. …
By IPWatchdog
1 year ago 14

Inconvenient Truth: America no longer fuels the fire of creative genius with the patent system

The problem with not having an independent invention defense, according to Lemely, is that people who invent themselves couldn’t possibly find out about what others have …
By Gene Quinn
4 years ago 33

Beware the Ides of March: How Surrogates Will Set Patent Policy

In 2008 the surrogates did at least increase the emphasis on having some form of post grant challenge procedure in the bill that would pass Congress and be …
By Peter Harter
5 years ago 6

No permanent injunction threat leads to refusal to deal with patent owners

Simply stated, Lemley is wrong and his suggestion that eBay v. MercExhange is at all positive, let alone the best development, strikes me as utterly ridiculous. The …
By Gene Quinn
5 years ago 32

Biased Findings on Patent Licensing Belie Clear Empirical Evidence

They found that citations were elevated for licensed patents. Moreover, most citations occurred after the patent was licensed. That licensing of patented technology increases its diffusion and …
By Ron Katznelson, Ph.D.
6 years ago 7

Flawed survey erroneously concludes patent licensing does not contribute to innovation

There are a variety of problems with this paper, the conclusions reached and the methodology. Perhaps the largest problem is that Professors Feldman and Lemley rely on …
By Gene Quinn
6 years ago 21

What Mattered in 2014: Reflecting on the Biggest Moments in IP

It is one again time to take a moment to look back on the year that was, reflecting on the biggest, most impactful moments of the year. …
By Gene Quinn
6 years ago 1

The Software Patent Problem: Not Emphasizing the Technological Contribution of the Innovation

LEMLEY: "People have been writing claims that don’t emphasize the technological contribution of the innovation. And I think that’s part of the problem. And I …
By Gene Quinn
6 years ago 17

The Ramifications of Alice: A Conversation with Mark Lemley

LEMLEY: "I think Alice is a real sea change on the patentable subject matter issue. I’ve heard a lot of folks talk about how Alice doesn’…
By Gene Quinn
6 years ago 26

Increasing Patent Damages: A Discussion with Mark Lemley

The way that many plaintiffs argue damages has always amazed me, and this shift to reasonable royalties at least somewhat vindicates my long held position. The law …
By Gene Quinn
6 years ago 1