Mark Lemley
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marklemley.bsky.social
Mark Lemley
@marklemley.bsky.social

William H. Neukom Professor, Stanford Law School. Partner, Lex Lumina LLP. I teach and write in IP, antitrust, internet, and video game law

Mark A. Lemley is an American legal scholar known for his studies of American intellectual property law. He is currently the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Law School Program in Law, Science & Technology. Lemley is a founding partner of the law firm of Durie Tangri LLP, which he has been practicing with since 2009. .. more

Business 42%
Economics 24%

Click here to RSVP and to donate: secure.actblue.com/donate/12.14...
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secure.actblue.com

Please join us for a virtual event (Dark Matter author Blake Crouch and an all-star panel of lawyers talking about legal issues in Dark Matter) that should be both great fun and supports a great cause (Phil Weiser's campaign for governor)

Reposted by Rebecca Tushnet

Please bookmark this post for several months from now, when I predict the Court eliminates the Voting Rights Act and somehow concludes that that later decision won't be too close to the election to prevent redrawing the maps.

2/2

The Supreme Court lets the Texas racial gerrymander go forward, overruling the three-judge district court. In so doing, it tells us that as of December 2025 it is too close to the 2026 election to redraw maps.

1/2
www.supremecourt.gov/opinions/25p...
www.supremecourt.gov

The PTAB would like a word . . .

Happy to help! :)
NEW: Federal agents wearing tactical gear and wielding assault rifles busted into an apartment in Jackson Heights Thursday morning as a helicopter hovered overhead, according to eyewitnesses and video obtained by THE CITY.

buff.ly/hbjzh2q
Feds Bust into Jackson Heights Apartment Building In Pre-Dawn Raid
Dozens of agents wielding assault rifles took two middle-aged, Spanish-speaking people away in cuffs early Thursday morning as a helicopter hovered overhead.
www.thecity.nyc

I'm not worried about developing nuclear power to provide the energy AI needs; I'm worried about AI designing and operating those nuclear power plants

Holy shit.

Reuters reporting that new admin instructions on visas are if you worked at a platform in trust & safety or content moderation or on fact checking or online safety at an platform you *and your loved ones* are ineligible for H-1B visa.

www.reuters.com/world/us/tru...
This is what government censorship actually looks like: defunding entire fields, deporting researchers, and quite effectively chilling speech that helps people understand how our information systems are being exploited and calls out powerful people and platforms for their bullshit.
For the last decade, the pervasive spread of bullshit & manipulation of online platforms have been widely recognized societal concerns. Now non US citizens studying those subjects can be labeled “censors” & denied visas or deported from the US. Censorship, indeed. www.reuters.com/world/us/tru...
Exclusive: Trump administration orders enhanced vetting for applicants of H-1B visa
An internal State Department memo said that anyone involved in "censorship" of free speech should be considered for rejection.
www.reuters.com

Reposted by Mark A. Lemley

I’ll be speaking on the panel, then presenting the poster with several of my co-authors.

Joint w/ @marklemley.bsky.social @mbogen.bsky.social @nicolaspapernot.bsky.social @klyman.bsky.social @milesbrundage.bsky.social @jtlg.bsky.social @hannawallach.bsky.social @zephoria.bsky.social + many others

Reposted by Mark A. Lemley

Russian sleeper agent

I guess now we know what the Nodfather meant when he said he'd be "anti-woke"

Those few boats were literally carrying enough cocaine to kill every person in America, I guess. 🙄

Reposted by Rebecca Tushnet

Martin Skladany and I submitted this comment to the PTO on behalf of 22 law professors and Public Citizen pointing out that the proposed rulemaking restricting IPRs by requiring waiver of all validity arguments in court is both illegal and really bad policy.

docs.google.com/document/d/1...
IPR rulemaking comment 12225.docx
Letter of 22 Law Professors and Public Citizen in Opposition to "USPTO’s proposed rule changes for inter partes review, Docket No. PTO-P-2025-0025." December 2, 2025 As professors and schola...
docs.google.com

In possibly the least shocking news ever, the Trump Mobile phone is turning out to be a fraud that scammed people out of their deposits

www.nbcnews.com/tech/tech-ne...
The Trump Mobile phone is nowhere to be found after months of delay
Trump Mobile has posted conflicting photos of the phone and scrubbed mention of its “Made in the USA” promise.
www.nbcnews.com

Reposted by Rebecca Tushnet

Why most Americans are the working poor. This is quite thoughtful and well worth a read. [ignore the market chartist stuff at the front, which is irrelevant to the post]

www.yesigiveafig.com/p/part-1-my-...
Part 1: My Life Is a Lie
How a Broken Benchmark Quietly Broke America
www.yesigiveafig.com

Reposted by Mark A. Lemley

Tutorial tomorrow at 1:30PM PST!

My talk slots will cover memorization + copying in models and their outputs, canonical extraction methods, and recent work with @marklemley.bsky.social and others on extracting pieces of memorized books from open-weight models.

arxiv.org/abs/2505.12546

Reposted by Mark A. Lemley

This is correct. But the Tokyo Tribunals were far harsher than the Nuremberg tribunals and are often criticized as "victor's justice." In any event, the only serious question IMO is whether this was a war crime or an extrajudicial execution chargeable under criminal codes.

Reposted by Mark A. Lemley

They apparently forgot to put the crazy uncle back into the basement after Thanksgiving

GUARDIAN: “Per head, 🇺🇸 output is six times China’s, and yet, inexplicably, there seem to be more abjectly poor Americans than Chinese. 🇺🇸 inequality is breathtaking… keeps getting worse…”

Wanting to address this isn’t radical.

NOT wanting to is.

www.theguardian.com/us-news/2025...

Reposted by Mark A. Lemley

this is unironically good

Reposted by Mark A. Lemley

I would agree that some of our ultra-wealthy immigrants have decimated our middle class—along with rest of the rich, greedy a**holes grasping for even more power and wealth. Look up, not down for our troubles.

Reposted by Mark A. Lemley

Clearly Miller got some alone time with Donnie since the Mamdani visit.

Pretty hateful blanket condemnation from someone who married two immigrants.

When is Melania going to grow a spine and tell him to stop with this scapegoating?

Reposted by Mark A. Lemley

The writing sounds like Miller. Either way it’s completely opposite to what America stands for

This is what Trump thought was an appropriate Thanksgiving message. It's hard to know whether the lies, the hatred, or the disdain for our country and its laws are the worst part of this.

Please read the full text, available here: www.palmbeachpost.com/story/news/t...
Trump: Most foreigners eating alive Great American Citizens and Patriots
The Thanksgiving post departed from Trump's, and the MAGA movement's, insistence they oppose "open borders" and instead favor "legal" immigration.
www.palmbeachpost.com
To begin with today, happy 117th anniversary to this entirely reasonable cat