Mark A. Lemley

Mark A. Lemley is a highly distinguished patent litigator with a practice that spans various complex technological and legal domains, complementing his role as the William H. Neukom Professor of Law at Stanford Law School. As Of Counsel at Lex Lumina LLP, he focuses on intellectual property, patent law, trademark law, antitrust, and internet law, frequently handling cases involving cutting-edge technologies such as CRISPR gene-editing, artificial intelligence, and design patents. His litigation record demonstrates a balanced approach, appearing for both plaintiffs (3 cases) and defendants (3 cases) in his tracked appearances, and representing a diverse client base that includes major internet companies, biotech firms, and individual innovators.

Mr. Lemley has a notable track record in appellate litigation, having argued 30 federal appellate cases, including before the en banc Federal Circuit, and participated in over three dozen cases before the U.S. Supreme Court as counsel or amici. A significant recent victory includes his lead role in LKQ Corp. v. GM Global Technology Operations LLC, where he successfully argued before the en banc Federal Circuit in 2024 to overturn a 40-year-old test for design patent nonobviousness, setting new precedent. His work on this case earned Lex Lumina an "Impact Case of the Year" award. He also represented Agilent Technologies, Inc. in appeals concerning CRISPR gene-editing patents, where the Federal Circuit affirmed PTAB decisions invalidating the patents, a case which subsequently drew Supreme Court attention regarding enablement standards for prior art. Beyond patents, his practice includes defending clients like Meta in AI copyright suits and representing Google against DMCA fraudsters.

His experience extends to proceedings originating from the Patent Trial and Appeal Board (PTAB), as evidenced by his appellate work in cases like Agilent v. Synthego and LKQ v. GM Global Tech, where he joined appeals following PTAB rulings. Prior to Lex Lumina, Mr. Lemley was a founding partner of Durie Tangri LLP and held positions at prominent firms including Keker & Van Nest, Fish & Richardson, and Brown & Bain. He earned his J.D. from the University of California, Berkeley (Boalt Hall) in 1991, graduating first in his class, and holds an A.B. from Stanford University. He is admitted to the State Bar of California.