marklemley

marklemley, 5 days ago to random

Now we see the real harm of the New York Times buying Wordle: they just sued Worldle for trademark infringement

https://www.theguardian.com/games/article/2024/may/31/wordle-worldle-lawsuit

marklemley, 7 days ago to random

So apparently it should be called a "beer test" and not a "tea test" . . . :)

https://www.scientificamerican.com/article/how-the-guinness-brewery-invented-the-most-important-statistical-method-in/

marklemley, 10 days ago to random

My empirical study with Paul Gugliuzza of the last four decades of Supreme Court patent cases is now published in the Boston University Law Review. Some surprises, including the fact that the Federal Circuit does better than people think

https://www.bu.edu/bulawreview/files/2024/05/GUGLIUZZA-LEMLEY.pdf

marklemley, 14 days ago to random

It seems people are just now discovering what i have been saying for some time: that maybe a search engine is not the highest and best use of a technology that is designed to make things up

marklemley, 15 days ago to random

I'm very happy to see the government moving to break up LiveNation at last. Approving the Ticketmaster merger in 2010 was a travesty at the time, and it has only gotten worse as LiveNation proceeded to ignore the supposed conduct limits the government said would suffice to rein in its monopoly power.

This case is a good lesson both in the evils of monopoly and in the worthlessness of conduct-based remedies as a substitute for banning mergers.

marklemley, 18 days ago to random

A huge win today in LKQ v. GM, the case I argued in February to the en banc Federal Circuit! All ten judges agreed with us in reversing the panel opinion, and nine judges agreed to overrule Rosen and Durling and adopt an obviousness framework consistent with Supreme Court precedent

Congrats to Mark McKenna, my partner in this venture

https://cafc.uscourts.gov/opinions-orders/21-2348.OPINION.5-21-2024_2321050.pdf

marklemley, 21 days ago to random

Google News offered me these two stories back to back:

"Would You Trust a Robot to Look After Your Cat?"

"China Shows Off Robot Dogs Armed With Machine Guns"

marklemley, 21 days ago to random

Great news: wage increases have outpaced inflation over the past five years. The result, as the nonpartisan Congressional Budget Office shows, is that “for all income groups…the portion of household income required to purchase the same bundle of goods and services declined.” Increased purchasing power net of inflation ranges from 2 to 6.3%, but all income groups benefited.
https://www.cbo.gov/publication/60166

marklemley, 25 days ago to random

My paper "Foundation Models and Fair Use," with a group of Stanford computer scientists, is now published in the Journal of Machine Learning Research. We discuss why AI sometimes produces output that might infringe copyright, how the law deals with that, and how AI can minimize the risk.

https://jmlr.org/papers/v24/23-0569.html

arstechnica, 25 days ago to random

Air Force is “growing concerned” about the pace of Vulcan rocket launches

US military seeks an "independent review" to determine if Vulcan can scale.

https://arstechnica.com/space/2024/05/air-force-is-growing-concerned-about-the-pace-of-vulcan-rocket-launches/?utm_brand=arstechnica&utm_social-type=owned&utm_source=mastodon&utm_medium=social

marklemley, 1 month ago to random

A list of judges (not surprisingly Trump appointees) who have just declared themselves completely unfit for the judicial role by announcing that they will refuse to interview ANYONE from Columbia because they don't like the fact that students are protesting there

jpanzer, 1 month ago to random

Just incredible watching this (are Fox viewers really as gullible as Noem and Waters clearly think they are?)
https://mastodon.social/@realTuckFrumper/112397204277873583

marklemley, 1 month ago to random

Reminder that Trump plans a dictatorship. Please do everything in your power to stop him, even if Joe Biden is too liberal/not liberal enough for your tastes.

“I ask him, Don’t you see why many Americans see such talk of dictatorship as contrary to our most cherished principles?” Cortellessa wrote. No, Trump said. “‘I think a lot of people like it.”

marklemley, 1 month ago to random

It is evident from today's Supreme Court argument that several Justices have entirely abandoned any interest in the rule of law even in the face of the Trump-led insurrection.

The Court had an opportunity to restore its credibility by demonstrating, as it did fifty years ago in US v Nixon, that it stood unanimously behind the rule of law regardless of party loyalty. Instead, it seems poised to demonstrate the opposite: that it is dominated by political hacks.

marklemley, 1 month ago to random

I am very excited the FTC has voted to ban noncompetes nationwide. This is a major step towards opening up labor markets and improving the lives of tens of millions of workers.

I am happy to say I played a small role in helping this happen, though others, like Orly Lobel, did much more

https://thehill.com/business/4615452-ftc-votes-to-ban-non-compete-agreements/

marklemley, 1 month ago to random

Musk wants the Tesla board to give him an additional $56 billion in stock even as the company is tanking.

I think they should pay him in cybertrucks

marklemley, 1 month ago to random

My paper with Ishan Kumar, Anoop Manjunath, and Nathan Kahrobai showing that a large percentage of biotech companies have illegal interlocking boards is now published in the Journal of Law and Biosciences

https://academic.oup.com/jlb/article/11/1/lsae005/7643376

marklemley, 1 month ago to random

Google definitely subscribes to the "what good is a doomsday device if you don't let anyone know you have it" theory

The proposed link tax now under consideration in California is, as I have written, "the dumbest shakedown in the history of dumb shakedowns. But preemptively blocking California news sources even before the bill passes seems like it could backfire

https://www.mercurynews.com/2024/04/12/google-to-stop-showing-links-to-california-news-reports/

marklemley, 1 month ago to random

I'm giving the patent year in review talk at noon today. Organized by OCIPLA, but it's on zoom, so others are free to join

https://www.ocipla.org/event/ocipla-april-2024-event/

marklemley, 1 month ago to random

The always-great Adam Neely on Chechnya's decision to ban music with the wrong tempo -- including Chechnya's own national anthem (oops!)

https://www.youtube.com/watch?v=Q811R6YsM0s

marklemley, 1 month ago to random

Right-wing cancel culture is out of control

https://mcusercontent.com/05dafa9b4317774547b114632/images/c0dc5db9-8a45-9806-a356-62023360c69c.png

marklemley, 2 months ago to random

In which I do not mince words about Elon Musk:

https://sf.gazetteer.co/

marklemley, 2 months ago to random

My law review article with Matt Wansley on Coopting Disruption is going viral on TikTok

As law review articles do . . .

https://www.tiktok.com/@morningbrew/video/7353464642519207198