Contracts, Intellectual Property, Patent Law, Privacy Law
Bernard Chao is a professor of law, director of the law school’s intellectual property certificate program, co-director of its Empirical Justice Institute, and chair of the law school’s Hughes Committee, which helps faculty engage in empirical research. Professor Chao works at the interface of law and technology. As a teacher, his classes involve both live and remote asynchronous components engaging students with videos, role-playing and frequent assessments. As a researcher, Professor Chao has regularly written about patent issues important to the technology sector. His patent writings have been recognized with a Samsung-Stanford Patent Prize and included in West/Thomson’s annual Intellectual Property Law and Patent Law Reviews. Professor Chao also regularly conducts experiments on cognitive biases in legal decision-making, particularly in the context of civil juries. His studies have looked at issues in a number of different substantive areas including: tort damages, patent law, the 4thAmendment, evidentiary rules, and jury instructions. Professor Chao’s papers have appeared in a number of leading publications including the California Law Review, Boston College Law Review and Northwestern University Law Review. Working with different groups like the Harvard Cyberlaw Clinic and Electronic Frontier Foundation, Professor Chao has also authored several amicus briefs to the U.S. Supreme Court.
Prior to joining the University of Denver, Professor Chao practiced law in Silicon Valley for almost twenty years in a variety of different roles. At Wilson, Sonsini and Pennie & Edmonds, Professor Chao litigated high stakes patent cases. At Covad Communications, he served as Vice President of Legal Strategy as the company grew from a small broadband startup to a public company. Later Professor Chao co-founded his own boutique firm, Chao Hadidi Stark & Barker LLP. Professor Chao has also had the privilege of advising 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. He continues to work with practicing attorneys around the country conducting experiments on the effect of different tactics on juries. He also currently serves as an Academic Advisor for the NYU Civil Jury Project.
- JD, Duke University School of Law
- BS, Electrical Engineering Purdue University
Licensure / Accreditations
- Registered with the Patent and Trademark Office
- Active Member of California Bar
- Privacy Losses as Wrongful Gains, U Denver Legal Studies Research Paper No. 20-05, Iowa Law Review (forthcoming 2020).
- Saliency, Anchors and Frames: A Multicomponent Damages Experiment, 26 Michigan Technology Law Review 1 (2019) (co-authored with Roderick O’Dorisio).
- 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).
- Focusing Patent Litigation, 18 Chi-Kent J. Intell.Prop. 497 (2019) (solicited).
- How Evidence of Subsequent Remedial Measures Matters, co-authored with Kylie Santos, 84 Missouri Law Review 609 (2019).
- Crowdsourcing & Data Analytics: The New Settlement Tools, co-authored with Christopher Robertson and David V. Yokum, 102 Judicature 62 (peer reviewed) (2018).
- Testing the White Hat Effect in Patent Litigation, co-authored with Roderick O’Dorisio, 27 Federal Circuit Bar Journal 155 (2017).
- 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).
- An Early Look at Mayo's Impact on Personalized Medicine, 2016 Patently -O-Patent Law Journal 10 (co-authored with Amy Mapes).
- 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).
- The Infringement Continuum, 35 Cardozo Law Review 1359 (2014).
- A Case Study In Patent Litigation Transparency, 2014 Journal of Dispute Resolution 87 (2014) (solicited and co-authored with Derigan Silver).
- Patent Imperialism, 109 Northwestern University Law Review Online 77 (2014).
- Finding the Point of Novelty in Software Patents, 28 Berkeley Technology Law Journal 1218 (2013).
- Reconciling Foreign and Domestic Infringement, 80 UMKC Law Review 607 (invited symposium contribution) (2012).
- Moderating Mayo, 107 Northwestern University Law Review 423 (2012).
- The Case for Contribution in Patent Law, 80 University of Cincinnati Law Review 113 (2011) awarded a Samsung/Stanford Patent Prize.
- Not So Confidential: A Call for Restraint in Sealing Court Records, 2011 Patently-O Patent L.J. 6 (July 29, 2011).
- Breaking Aro’s Commandment: Recognizing That Inventions Have Heart, 20 Fordham Intellectual Property, Media & Entertainment Law Journal 1185 (2010).
- Rethinking Enablement in the Predictable Arts – Fully Scoping the New Rule (2009 Stanford Technology Law Review 3 (2009) reprinted in Intellectual Property Law Review, Thomson West 2010 ed.).
- After eBay v. MercExchange: The Changing Landscape for Patent Remedies, 9 Minn. J. L. Sci. and Tech. 543 (2008) (reprinted in Patent Law Review, Thomson West 2009 ed.).