J.D. Duke University School of Law
B.S. Electrical Engineering Purdue University
Bernard Chao is an associate professor, the director of the law school’s intellectual property certificate program and the co-director of its Empirical Justice Institute. He joined the University of Denver after practicing law in Silicon Valley for almost twenty years in variety of different roles. At Wilson, Sonsini and Pennie & Edmonds, Professor Chao represented technology companies in high stakes patent cases. Professor Chao also served as Vice President of Legal Strategy at Covad Communications as it grew from a startup to a public company with thousands of employees. Later Professor Chao co-founded his own firm, Chao Hadidi Stark & Barker LLP, which continues to provide strategic patent counseling to technology companies. Professor Chao has also advised federal judges as a court appointed Special Master, most notably, in the largest patent multidistrict litigation in U.S. history, In Re Katz Interactive Call Processing Patent Litigation and conducted jury experiments for litigators across the country.
Drawing on his industry experience, Professor Chao’s research seeks to apply a theoretical understanding of the law to relevant real world problems. His writings on patent law have covered: remedies, subject matter eligibility, extraterritoriality, interfaces and standards, and claim scope. Through the Denver Empirical Justice Institute, Professor Chao has also studied how cognitive biases (e.g. anchoring, saliency, hindsight bias and optimism bias) impact legal decision making. Substantively, his empirical work has covered a variety of topics including how different kinds of arguments, evidence and legal rules affect jury decisions, 4th Amendment search and seizure, secrecy in patent litigation and how patent applications on personalized medicine have fared after changes to the Supreme Court’s jurisprudence on subject matter eligibility
Professor Chao’s papers appear in both academic publications including the California Law Review, Wisconsin Law Review and Northwestern University Law Review and publications directed at the practicing bar like the Federal Circuit Bar Journal and Patently O Law Journal. His works have been frequently cited in briefs to the U.S. Supreme Court and he has also authored several amicus briefs to the Court sometimes working with different groups including the Harvard Cyberlaw Clinic and the Electronic Frontier Foundation.
Lost Profits in a Multicomponent World, 59 Boston College Law Review 1321 (2018).
Why Courts Fail to Protect Privacy: Race, Age, Bias and Technology, 106 California Law Review 263 (2018) (co-authored with Ian Farrell, Catherine Durso and Christopher Robertson).
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments, 95 Washington University Law Review 1 (2017) (co-authored with John Campbell and Christopher Robertson).
Horizontal Innovation and Interface Patents, 2016 Wisconsin Law Review 287.
Causation and Harm In a Multicomponent World, 164 University of Pennsylvania Law Review Online 61 (2016).