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 served as a court appointed Special Master, most notably, in the largest patent multidistrict litigation in United States 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. His writings on patent law have covered: patents on interfaces and standards, remedies, subject matter patent eligibility, extraterritorial reach, patent scope, and transparency in patent litigation. Through the Denver Empirical Justice Institute, Professor Chao is studying how cognitive biases (e.g. anchoring, scaling and hindsight bias) impact legal decision making. Professor Chao’s papers have been published in many journals including the Wisconsin Law Review, Iowa Law Review, University of Pennsylvania Law Review Online, Northwestern University Law Review, Berkeley Technology Law Journal and Stanford Technology Law Review.
- 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).
- Patent Imperialism, 109 Northwestern University Law Review Online 77 (2014).
- The Infringement Continuum, 35 Cardozo Law Review 1359 (2014).