and then following up on that, going to professor lemley's point about rule-based regulatory system and given the slight mismatch in speed between which legislation is passed and technology develops, how can legislation be developed that is flexible enough to address some of the issues we've talked about? and others that will arise in the future? >> look. and i think this is a very hard problem and as richard suggested in his answer to the last question, it's a hard problem any time you have to intervene and you can't avoid intervening at some level. to me, by and large, and i think this is in line with what richard is saying -- we're just agreeing all the time. >> i disagree with you on vaccines, but that's a different issue. >> it seems to me for the reasons you suggest we are generally speaking better served with common law and flexible rules than detailed legislative set parameters in part because congress can get them wrong because they don't understand or congress can get them wrong because they have a vested interest in doing particular things that might not be efficient. in part

next, mark lemley was at the far end of the table. mark is the william h. newcomb professor of law at stanford law school and also the director of the stanford new program of science and technology. mark earned his ba here at stanford in 88 followed by jd from both in 91. he clerked for dorothy nelson on the ninth circuit, spent several years in practice before joining the faculty at texas in 94 when he stayed until 2000. he moved to bolt in 2000, then stand in 2000 by. it's actually difficult introduced mark asberry. is israel and one that spilled over to the other side of the card. there's no question that he is the leading academic in the field of patents, he may also be the leading practitioner in the field as well. he is positively post-nine is capacity to get things done. so while publishing seven books and the two volume treatise and 122 full articles, is also a founding partner and maintains a healthy practice having argued countless cases in both the district courts, courts of appeals. the list of awards that marquez earned over the years is actual