Search for: "Mark Lemley"
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22 Jan 2018, 11:56 am
(As Paul Gugliuzza and Mark Lemley have noted, ignoring the Rule 36 decisions can lead to a skewed sense of outcomes because the Fed. [read post]
22 Jan 2018, 11:56 am
(As Paul Gugliuzza and Mark Lemley have noted, ignoring the Rule 36 decisions can lead to a skewed sense of outcomes because the Fed. [read post]
30 Jun 2014, 1:36 pm
.), by Brett Frischmann and Mark Lemley, http://papers.ssrn.com/sol3/papers.cfm? [read post]
30 Apr 2014, 1:39 pm
" As Seaman notes, this conflicts with Mark Lemley's argument, as well as the Supreme Court's conclusion in Kewanee, that strong trade secret laws can actually promote patent law's goal of "disclosure" of valuable information that would otherwise be kept secret by permitting firms to encourage free exchange of information using only "reasonable" efforts to maintain secrecy. [read post]
6 May 2013, 9:43 pm
There is an excellent paper on this problem of royalty stacking by Carl Shapiro and Mark Lemley and can be accessed over here. [read post]
20 Jan 2015, 8:38 am
— Mark Lemley (@marklemley) January 20, 2015SCOTUS in Teva: "subsidiary factfinding is unlikely to loom large in the universe of litigated claim construction. [read post]
16 Feb 2018, 2:02 am
It is rather better conceived as something like an "option", in the sense that it does not guarantee higher revenue due to the ability to charge a higher price, but only gives the patentee a chance to do so by virtue of the granted monopoly (or, as patents for some technical sectors have been somewhat deprecatorily called by Mark Lemley and Carl Shapiro, a "lottery ticket"). [read post]
10 Jan 2018, 6:36 pm
Blue Coat, represented by Mark Lemley, prevailed on the'968 patent matter.From the decision:Blue Coat also argues that it was entitled to JMOL ofnon-infringement with respect to the ’968 patent becauseFinjan failed to introduce substantial evidence that theaccused products implement the claimed “policy index. [read post]
4 Mar 2014, 7:51 pm
The reason isn't necessarily, as Mark Lemley has suggested, that "the market works fine on its own." [read post]
10 Feb 2012, 2:02 pm
Mark Lemley: the past expectation was that you went into business using your name, and doing otherwise might be deceptive. [read post]
17 Jan 2022, 4:30 am
DorfTwo days ago marked what would have been the 93rd birthday of the Rev. [read post]
30 Apr 2019, 8:08 am
Relatedly, jumping off what Mark McKenna & Mark Lemley have written, if a false claim was material to some subset of consumers, those consumers would arguably be a relevant submarket.Anyway, plaintiffs were entitled to discovery in order to substantiate their disparagement claims.Unsurprisingly, Lanham Act claims by the competitor plaintiffs also survived. [read post]
29 Apr 2019, 12:35 pm
” [Mark Lemley & Mark McKenna may be interested to see that the court cites an antitrust case noting that when a seller’s product is differentiated, seller has “a little pocket of monopoly power. [read post]
3 Feb 2023, 7:23 am
Mark Lemley & Mark McKenna, Breaking the Symmetry Between Utility and Design Patents AKA Design Patents Aren’t Patents (… and it’s a good thing too) Three rules: (1) design patents are judged by patent rules unless statute says otherwise; (2) that which infringes if later anticipates if earlier: there is symmetry b/t infringement and anticipation; (3) infringement in design patent is completely different than infringement in utility patent, which… [read post]
27 Apr 2018, 11:56 am
This is closely related to my colleague Mark Lemley’s argument in his 2015 article IP in a World Without Scarcity, in which he notes that IP may be less necessary in a world where creation, reproduction, and distribution are cheap. [read post]
3 Jun 2013, 11:55 am
But I recognize that not all of the signatories are EFF activists or as Google aligned as, for example, Professor Mark Lemley, who supports Google's baseball extortion proposal to resolve FRAND disputes. [read post]
17 Apr 2010, 3:00 am
Lemley: To rehabilitate utilitarianism: all advantages are comparative. [read post]
7 Oct 2007, 7:33 am
Lemley: Touts coming Stanford IP Litigation Clearinghouse, to collect this type of data. [read post]
10 Aug 2017, 12:56 pm
[Could through design patent.]Lemley: internalist justifications ultimately have to fall back on externalist—you need a theory of why © shouldn’t extend too far; he thinks that will ultimately be about why we want other doctrines. [read post]
3 May 2010, 9:59 am
Many scholars have written in this space – Jack Balkin, Larry Lessig, Yochai Benkler, Barbara van Schewick, Tim Wu, Mark Lemley, Susan Crawford, and Brett Frischmann, to name a few. [read post]
