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 the law firms of Wilson, Sonsini and Pennie & Edmonds, Professor Chao represented technology companies in high stakes patent litigations. As Vice President of Legal Strategy at Covad Communications (the first national DSL carrier), Professor Chao worked on a broad range of issues as Covad 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 both established and early stage 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.
Drawing on his industry experience, Professor Chao’s writings seek to apply a theoretical understanding of the law to relevant real world problems and several of his works have been cited in briefings to the U.S. Supreme Court. His writings on patent law have covered: remedies, subject matter eligibility, extraterritorial reach, interfaces and standards and claim scope. Through the Denver Empirical Justice Institute, Professor Chao has also studied how cognitive biases (e.g. anchoring, scaling and hindsight bias) impact legal decision making. Substantively, his empirical work has covered a variety of topics including 4th Amendment search and seizure, assessing how different damages arguments affect juries and measuring how applications on personalized medicine technology are faring at the patent office. Professor Chao’s papers have been or will be published in many leading journals including the California Law Review, Washington University Law Review, University of Pennsylvania Law Review Online, Northwestern University Law Review, Berkeley Technology Law and Stanford Technology Law Review.
- Why Courts Fail to Protect Privacy: Race, Age, Bias and Technology (forthcoming California Law Review, co-authored with Ian Farrell, Catherine Durso and Christopher Robertson).
- Time is Money: An Empirical Assessment of Non-Economic Damages Arguments (forthcoming Washington University Law Review, 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).
- Countering the Plaintiff’s Anchor: Jury Simulations to Evaluate Damages Arguments, 101 Iowa Law Review 543 (2016) (co-authored with John Campbell, Christopher Robertson and David Yokum).