Show #29 — Prof. Mark Lemley — posted

Published on February 27, 2007

Show #29, my interview with Prof. Mark Lemley of Stanford Law School is posted. Thanks again to Mark for taking time out of a very busy schedule to be on the show.

The timing of the show is great, given the flood of patent cases in the Supreme Court. As the show was aired on Wednesday, February 21, the day that Microsoft v. AT&T was argued, Mark offered his first-impression thoughts on the case based upon the summary of the argument found on the PatentlyO blog.

Patent law is (or should be) a concern to all interested in how technology is created, commercialized and disseminated. The incentive-based innovation system that United States intellectual property law conceives is built, in large measure, around the dual roles of copyright and patent. Trademark and trade secret law (the latter near-and-dear to my research) take second place (starting from a constitutional perspective). While I would challenge the assertion that trade secrecy deserves such a designation, simply by virtue that it is primarily a beast of state law, it gets less national attention (although trade secret litigation is a booming business).

So I’ve embarked upon a pitch to be concerned about where patent law is headed, although perhaps none is needed. Mark is an expert (and prolific writer) in this area; hence the focus. Enjoy!

Playlist for Show #29 (the challenge of finding patent music referred me somehow to jazz, a personal love — I will try to figure out an explanation):

(1) Motel (Diner au Motel)/Miles Davis/Ascenseur Pour L’├ęchafaud
(2) My Favorite Things/Grant Green/Matador
(3) Monk’s Mood/Joe Lovano/I’m All for You
(4) Blues for Nina/Joe Pass/Joe Pass at the Montreux Jazz Festival 1975