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. During that time, he took on several different roles. At the law firms of Wilson, Sonsini Goodrich & Rosati and Pennie & Edmonds, Professor Chao represented technology companies in high stakes patent litigations across the country. 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 founded his own firm, Chao Hadidi Stark & Barker LLP, which continues to provide strategic patent counseling to both established technology companies and startups. From 2007 to 2014, Professor Chao also served as a court appointed Special Master 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 for multicomponent products, the rules for determining when software is patent eligible, the extraterritorial reach of U.S. patent law, patent scope, and transparency in patent litigation. Through the Empirical Justice Institute, Professor Chao is also conducting a series of online experiments that have led to papers on cognitive bias in jury decision making. His papers have or will appear in many leading 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, Wisconsin Law Review, (forthcoming 2016).
- Countering the Plaintiff’s Anchor: Jury Simulations to Evaluate Damages Arguments, co-authored with John Campbell, Chris Robertson and David Yokum, 101 Iowa Law Review (forthcoming 2016).
- Causation and Harm In a Multicomponent World, 164 University of Pennsylvania Law Review Online (forthcoming 2015).
- Patent Imperialism, 109 Northwestern University Law Review Online 77 (2014).
- The Infringement Continuum, 35 Cardozo Law Review 1359 (2014).