Mark Lemley
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Articles by Mark Lemley
Does Common Leadership Facilitate Collusion? A Conversation with Ellie Prager
In this episode of Ruled by Reason, AAI Senior Counsel David O. Fisher sits down with economist Ellie Prager to discuss her paper, Collusion Through Common Leadership, co-authored with Alejandro Herrera-Caicedo and Jessica Jeffers and accepted for publication in the Journal of Political Economy.
State Supreme Courts Can Resolve Early Legal Recruiting Mess Original
A first-year law student will sit in the library this November preparing for exams, after having ceded study time applying to law firms for a job two summers away. She will miss classes for interviews in January, then accept an offer that will shape the rest of her career. She will have barely completed a semester of law school and may not yet have a single grade. She has no law firm experience and no lawyers in her family to guide her.
Computer Science > Computation and Language
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Anticompetitive Acquiescence in AI Content Licensing
Large AI firms like OpenAI and Amazon are licensing content to train their models that they might otherwise have been able to access for free under the fair use doctrine. Mark A. Lemley and Jacob Noti-Victor write that this behavior may constitute anticompetitive acquiescence—where large firms agree to license content they don’t have to in order to raise rivals’ costs.
General Purpose Deep Learning Attenuation Correction Improves Diagnostic Accuracy of SPECT MPI: A Multicenter Study
JACC Journals › JACC: Imaging › Archives › Vol. 18 No. 11 Original Research : JACC: Cardiovascular Imaging Volume 18, Number 11 Get full access to this article View all available purchase options and get full access to this article. Supplementary Material Supplemental Material (mmc1.docx) References 1. Gulati M., Levy P.D., Mukherjee D., et al. 2021 AHA/ACC/ASE/CHEST/SAEM/SCCT/SCMR guideline for the evaluation and diagnosis of chest pain. J Am Coll Cardiol. 2021;78:22: e187-e285. 2.
Remembering Old Tent City and Darla the Dog
Features Darla the dog came to visit us in the fall of 2008. It was when we lived in that little duplex right by the train tracks with car-glass and graffiti in the backyard. She wasn’t scared of the train whistle and she wasn’t upset about our cats so we thought we’d try her in the house. From that day, she lived with us for more than 16 years. Darla loved people. She expected that people were good. And she learned that at Old Tent City.
Patent Office’s Inter Partes Review Restrictions Violate the Law
NASA engineers coined the term “rapid unscheduled disassembly” as a euphemism for spacecraft suddenly exploding. In the past nine months, we have seen rapid unscheduled disassembly within our government as the Trump administration has gutted entire departments, laid off tens of thousands of workers (with plans to lay off hundreds of thousands), and demolished many of the norms and institutions we relied on. Now rapid unscheduled disassembly has come for the US Patent and Trademark Office.
Competition law won’t break up Big Tech
The writer is the William H.
Google Victory Is First Step to Address Patent Damages Imbalance
Patents are a mutually beneficial agreement between inventors and the government. Each side makes concessions in service of their own, and the greater, good. It’s a careful balance, where policy and rules that are too permissive or too restrictive of inventors’ rights reduce the societal value of patents. For years, this balance has been broken due to a judicial backslide that has allowed patent infringement damages awards to far exceed inventions’ true values.
Opinion: As July 4 approaches, Supreme Court signs away American democracy
Americans are getting ready to celebrate the founding of our country this week. Unfortunately, by then it will be too late. American democracy died last week, just shy of this country’s 249th birthday. That’s easy to do with all the chaos Trump has created in just five months — most recently, dropping bombs in a desperate attempt to distract from his plummeting popularity. The first critical turning point was easy to miss, because it didn’t announce itself.
La disrupción amenazada
Ayuda Buscar en la ayuda Buscar en la ayuda La disrupción amenazada Mark Lemley [1] ; Matt Wansley [2] [1] Facultad de Derecho de Stanford [2] Facultad de Derecho Cardozo Localización: Vanguardia dossier, ISSN 1579-3370, Nº. 96, 2025 (Ejemplar dedicado a: Los tecnolibertarios de Trump), págs. 49-51 Idioma: español Texto completo no disponible (Saber más ...)
AI-based volumetric six-tissue body composition quantification from CT cardiac attenuation scans for mortality prediction: a multicentre study
Introduction CT attenuation correction (CTAC) scans are routinely obtained in single-photon emission CT (SPECT-CT) myocardial perfusion imaging. However, these auxiliary scans are currently used only for attenuation correction and visual calcium estimation.1 Over 6 million patients in the USA undergo SPECT-CT myocardial perfusion imaging annually.2 Expanding the scope of these scans could enhance the utility of this widely used cardiovascular imaging modality.
Intellectual Property
Feature This Feature revisits the widely held assumption that pharma needs patents to sustain innovation. By analyzing the information goods underlying drugs, this Feature demonstrates that innovation in this sector can proceed without patents. Replacing patents with a tailored form of regulatory exclusivit… Article Shifts in patent law’s enablement and written description requirements make it impractical for patentees of antibody technologies to disclose and claim their inventions.
Artificial Intelligence-Enhanced Perfusion Scoring Improves the Diagnostic Accuracy of Myocardial Perfusion Imaging
Artificial Intelligence–Enhanced Perfusion Scoring Improves the Diagnostic Accuracy of Myocardial Perfusion Imaging Robert J.H. Miller, Paul Kavanagh, Mark Lemley, Joanna X. Liang, Tali Sharir, Andrew J. Einstein, Mathews B. Fish, Terrence D. Ruddy, Philipp A. Kaufmann, Albert J. Sinusas, Edward J. Miller, Timothy M. Bateman, Sharmila Dorbala, Marcelo Di Carli, Sean Hayes, John Friedman, Daniel S. Berman, Damini Dey, Piotr J.
Mark Lemley on LinkedIn: I have struggled with how to respond to Mark Zuckerberg and Facebook's… | 51 comments
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The Updated Registry of Fast Myocardial Perfusion Imaging with Next-Generation SPECT (REFINE SPECT 2.0)
The Updated Registry of Fast Myocardial Perfusion Imaging with Next-Generation SPECT (REFINE SPECT 2.0) Robert J.H. Miller, Mark Lemley, Aakash Shanbhag, Giselle Ramirez, Joanna X. Liang, Valerie Builoff, Paul Kavanagh, Tali Sharir, M. Timothy Hauser, Terrence D. Ruddy, Mathews B. Fish, Timothy M. Bateman, Wanda Acampa, Andrew J. Einstein, Sharmila Dorbala, Marcelo F. Di Carli, Attila Feher, Edward J. Miller, Albert J. Sinusas, Julian Halcox, Monica Martins, Philipp A. Kaufmann, Damini Dey, Daniel S.
Failure To Use Apportionment Has Distorted Patent Damages
By William Lee and Mark Lemley (October 3, 2024, 3:06 PM EDT) -- Patents can contribute to economic value. But when patent owners sue for alleged patent infringement, it's all too easy for them to overclaim, pointing to the feature they claim to have invented and inviting courts and juries to discount everything else that makes a commercial product valuable.... Law360 is on it, so you are, too.
The Updated Registry of Fast Myocardial Perfusion Imaging with Next-Generation SPECT (REFINE SPECT 2.0)
The Updated Registry of Fast Myocardial Perfusion Imaging with Next-Generation SPECT (REFINE SPECT 2.0) Robert J.H. Miller, Mark Lemley, Aakash Shanbhag, Giselle Ramirez, Joanna X. Liang, Valerie Builoff, Paul Kavanagh, Tali Sharir, M. Timothy Hauser, Terrence D. Ruddy, Mathews B. Fish, Timothy M. Bateman, Wanda Acampa, Andrew J. Einstein, Sharmila Dorbala, Marcelo F. Di Carli, Attila Feher, Edward J. Miller, Albert J. Sinusas, Julian Halcox, Monica Martins, Philipp A. Kaufmann, Damini Dey, Daniel S.
Análise | As gigantes da tecnologia estão matando a inovação
O Vale do Silício se orgulha de ser um lugar de disrupção: startups desenvolvem novas tecnologias, derrubam mercados existentes e superam empresas previamente estabelecidas. Esse ciclo de destruição criativa nos trouxe o computador pessoal, a internet e o smartphone, mas, nos últimos anos, um punhado de empresas de tecnologia estabelecidas manteve seu domínio. Por quê? Acreditamos que elas aprenderam a cooptar startups potencialmente disruptivas antes que elas possam se tornar ameaças competitivas.
France: Towards a Year of Uncertainty?
It is still too early to decide how Emmanuel Macron might be remembered by history. But one distinction he is unlikely to win is that of “master of timing.” Yet his entourage claims that his decision to call an early general election was a master stroke in good timing. This is how the argument goes: With the ultra-right National Rally topping the polls in the European election, Macron saw the danger that it would also win the next presidential election in 2027.
From the Sea to the River... Who Reaps the Benefit?
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How Big Tech Is Killing Innovation
Silicon Valley prides itself on disruption: Start-ups develop new technologies, upend existing markets and overtake incumbents. This cycle of creative destruction brought us the personal computer, the internet and the smartphone. But in recent years, a handful of incumbent tech companies have sustained their dominance. Why? We believe they have learned how to co-opt potentially disruptive start-ups before they can become competitive threats.
Concerning the Situation in Lebanon… ‘It’s Demography, Stupid’
In general, it is easy to use a "demographic bomb" to destroy fragile entities like Lebanon. Despite having been around for over 100 years now, the country lacks a national consensus and coherent identity to this day. Lebanon has no ceilings or walls to protect it from regional storms and upheaval.
How Big Tech Is Killing Innovation Original
Silicon Valley prides itself on disruption: Start-ups develop new technologies, upend existing markets and overtake incumbents. This cycle of creative destruction brought us the personal computer, the internet and the smartphone. But in recent years, a handful of incumbent tech companies have sustained their dominance. Why? We believe they have learned how to co-opt potentially disruptive start-ups before they can become competitive threats.
Opinion | How Big Tech Is Killing Innovation
5 Zodiac Signs Have The Happiest Horoscopes On June 13 Sometimes, the best thing you can do for yourself is to acknowledge when you need help and support. That's the message and theme on Thursday, June …
Predicting mortality from AI cardiac volumes mass and coronary calcium on chest computed tomography - Nature Communications
Abstract Chest computed tomography is one of the most common diagnostic tests, with 15 million scans performed annually in the United States. Coronary calcium can be visualized on these scans, but other measures of cardiac risk such as atrial and ventricular volumes have classically required administration of contrast.
How Big Tech Coopts Disruption - and What to Do About It
Our economy is dominated by five aging tech giants – Alphabet, Amazon, Apple, Meta, and Microsoft. Each of these firms was founded more than 20 years ago: Apple and Microsoft in the 1970s, Google and Amazon in the 1990s, and Facebook in 2004. Each of them grew by successfully commercializing a disruptive technology – personal computers (Apple), operating systems (Microsoft), online shopping (Amazon), search engines (Google), and social networks (Facebook).
AI-derived epicardial fat measurements improve cardiovascular risk prediction from myocardial perfusion imaging - npj Digital Medicine
Abstract Epicardial adipose tissue (EAT) volume and attenuation are associated with cardiovascular risk, but manual annotation is time-consuming. We evaluated whether automated deep learning-based EAT measurements from ungated computed tomography (CT) are associated with death or myocardial infarction (MI). We included 8781 patients from 4 sites without known coronary artery disease who underwent hybrid myocardial perfusion imaging.
Mark A. Lemley - Concurrences
Mark Lemley is the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Program in Law, Science and Technology. He is also a Senior Fellow at the Stanford Institute for Economic Policy Research and is affiliated faculty in the Symbolic Systems program. He teaches intellectual property, patent law, trademark law, antitrust, the law of robotics and AI, video game law, and remedies.
Automated Motion Correction for Myocardial Blood Flow Measurements and Diagnostic Performance of 82Rb PET Myocardial Perfusion Imaging
MATERIALS AND METHODS To develop and validate the automated MC algorithm, 224 patients who underwent stress and rest 82Rb PET-MPI at Cedars-Sinai Medical Center were retrospectively selected. The 224 patients were split into a training (n = 112) and a validation group (n = 112). Apart from this population, 341 consecutive patients without a history of prior CAD who underwent 82Rb PET-MPI and ICA within 6 mo at Cedars-Sinai Medical Center from 2011 to 2018 were enrolled as an angiographic group.
Red Courts, Blue Courts
Something remarkable happened on November 1: President Biden nominated a judge to serve in the District of South Carolina. To be sure, that doesn’t sound remarkable. Presidents nominating judges is ordinary. Or at least, it has been. And in one sense, it still is. President Biden appointed roughly as many judges as his predecessors in his first two years in office. But President Biden is appointing district judges almost exclusively in blue states.
Fables of scarcity in IP
Introduction Scarcity has long been theorized in different domains. Economists consider it in terms of supply and demand; psychologists understand it as a function of needs and wishes; sociologists map it on to hierarchies of taste and culture. More recently, digital marketers have fashioned myriad techniques to exploit it to their—and occasionally our—advantage.
Deep Learning-Based Attenuation Correction Improves Diagnostic Accuracy of Cardiac SPECT
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Banning Noncompetes Is Good for Innovation
A ban on noncompetes, like the one proposed in the U.S. by the Federal Trade Commission, is not just good for workers. It’s good for companies and innovation in the long run. By letting workers share in the benefits of their innovations, a ban on noncompetes would motivate them to work harder, make it easier for them to start new companies, and make the overall economy more dynamic and competitive.
Courts in Name Only: Repairing America’s Immigration Adjudication System
Introduction In recent years, immigration has risen to the top of America’s collective consciousness. From President Trump’s infamous “Muslim ban”1× See Timeline of the Muslim Ban, ACLU of Wash., https://www.aclu-wa.org/pages/timeline-muslim-ban [https://perma.cc/E3X8-VGSX]. to the separation of families at the border2× See, e.g., Miriam Jordan, “I Have No Idea Where My Daughter Is”: Migrant Parents Are Desperate for News, N.Y. Times (Apr.
The Imperial Supreme Court
Volume 136 Issue 1 November 2022 The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the Court have embarked on a radical restructuring of American law across a range of fields and disciplines. Unlike previous shifts in the Court, this one isn’t marked by debates over federal versus state power, or congressional versus judicial power, or judicial activism versus restraint.
The Imperial Supreme Court
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the Court have embarked on a radical restructuring of American law across a range of fields and disciplines. Unlike previous shifts in the Court, this one isnât marked by debates over federal versus state power, or congressional versus judicial power, or judicial activism versus restraint.
Software's legal future
Introduction In 2011, venture capitalist Marc Andreessen opined in a now well-known Wall Street Journal editorial that “software is eating the world” (Andreessen, 2011). His point: the modern economy is all about software. Traditional brick-and-mortar companies have either transformed into software companies or fallen to upstarts that successfully made the move. Netflix displaced Blockbuster; Amazon eliminated Borders; Kodak succumbed to the likes of Flickr; and the list goes on.
Mark Lemley on Marketplace Tech: Google’s Supreme Court Win Could Actually Benefit the Little Guy | Stanford Law School
(Click on the image above to listen to the episode.) Professor Mark Lemley discusses the Google/Oracle fair use decision with Marketplace Tech host Meghan McCarty Carino.
SSRN Top Downloads
Rank Paper Downloads 1. Columbia University - Law School Date Posted: 05 Jun 2003 Last Revised: 10 Jun 2012 31,744 2. Columbia University - Law School and University of Pennsylvania Law School Date Posted: 12 Jan 2007 Last Revised: 23 Dec 2013 10,499 3. Center for Democracy and Technology Date Posted: 31 May 2015 Last Revised: 21 Sep 2016 9,276 4. Anat R. Admati, Peter M. DeMarzo, Martin F. Hellwig and Paul C.
Banning Noncompete Agreements to Create Competitive Job Markets
Summary Competitive job markets are critical to the success of the national economy, spurring innovation while boosting wages and labor equality. The moment is ripe for the new administration to foster competitive job markets by banning noncompete agreements (noncompetes). New empirical evidence shows that noncompetes have harmful effects on job mobility, wages, competition, entrepreneurship, and equality. Yet noncompetes are widely included in employment contracts.
The Tech Start-Up Economy Is Broken
The focus on making a lucrative exit causes concentration in Silicon Valley, and helps create monopolies Society benefits when new companies overtake old monopolies. But today’s tech firms are decades-old dinosaurs in Internet years. Even the youngest of the big four that testified before Congress in July—Facebook—was founded in 2004.
The Role of Antitrust in Preventing Patent Holdup
By Carl Shapiro (University of California) & Mark A. Lemley (Stanford) Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested interest in denying its existence have spent tens of millions of dollars trying to debunk it. Notwithstanding a barrage of political and academic attacks, both the general theory of holdup and its practical application in patent law remain valid and pose significant concerns for patent policy.
The Open COVID movement goes global
The Open COVID Pledge Coalition recognizes and salutes efforts from around the world complementary to our own that also encourage the free sharing of patents and copyrights in an effort to diagnose, prevent, contain and treat COVID-19. Some of these efforts do not identify or license intellectual property directly but instead include calls to action and the adoption of statements of commitment to supporting COVID-19 work.
Concurrences
Nominee Michael A. Carrier, Shawn P. Miller and Mark A. Lemley, Stanford Law and Economics Olin Working Paper No. 533, 2019 Click here to read the full article online The issue of high drug prices has recently exploded into public consciousness. And while many potential explanations have been offered, one has avoided scrutiny. Why has the growth in generic drugs not resulted in lower drug prices?
Trump’s Justice Department’s antitrust ‘investigation’ of California’s deal with car makers is an abuse of power
Years ago, the conservative legal scholar Robert Bork criticized the view that antitrust law should not worry about economic problems but should, like a mythical small-town sheriff, just walk down the street and pistol-whip a few people every so often. His point was that the law should be coherent, not random. But still less should the sheriff be allowed to walk down the street and pistol whip only those who stand up to him. That is not just legal incoherence, but a perversion of the law.
Justice Department investigation of California-car companies is abuse
By Guest Commentary published: October 20, 2019 Trump’s Justice Department’s antitrust ‘investigation’ of California deal with car makers is an abuse of power Electric cars at Niello BMV dealership in Sacramento on September 12, 2019.
Opinion | Why the Fed Should Buy Munis — Not Mortgages
Stanford, Calif. IN September, the Federal Reserve announced that it would begin purchasing $40 billion of mortgage-backed bonds every month until the outlook for the labor market improved substantially or inflation reared its ugly head. The Fed hopes that these purchases will lower mortgage rates, boost new construction, prop up home values, lift stock prices and otherwise energize the moribund job market.
Track B: IP Protection for Artificial Intelligence - Digital Economy Best Practices Conference 2019
Digital Economy Best Practices Conference 2019 Patent, copyright, and trade secret issues Fairness, Accountability and Transparency issues regarding AI Who owns training data sets? Screen scraping and ownership issues Litigation and M&A issues Location: Rm 190 - SLS Classroom Building Date: June 10, 2019 Time: 3:00 pm - 4:00 pm Matt Burrows Izukanne (Izu) Emeagwali Mark Lemley James Pooley Jule Sigall Winslow Taub
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