J.D. Duke University School of Law
B.S. Electrical Engineering Purdue University
Bernard Chao is a professor of law, director of the law school’s intellectual property certificate program, and co-director of its Empirical Justice Institute. Professor Chao works at the interface of law and technology. As a teacher, he has created a new problem-based contracts class for the law school’s part time program. The class involves both live and remote asynchronous components engaging students with videos, role-playing and frequent assessments. As a researcher, Professor Chao has two specialties. First, he has regularly written about patent issues important to the technology sector. These writings have covered a wide range of topics including: remedies, subject matter eligibility, extraterritoriality and claim scope. Second, Professor Chao has used crowdsourcing to conduct a series of experiments on legal decisionmaking. The results have shed light on how different cognitive biases affect legal decisions, particularly in the context of civil juries. One prominent line of studies tests how different legal rules and arguments impact damage awards. Other studies have looked at issues ranging from search and seizure under the 4th Amendment to how applications on personalized medicine are faring at the patent office.
Professor Chao’s papers have appeared in both leading academic publications including the California Law Review, Boston College 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. One of his patent remedies articles was awarded a Samsung/Stanford patent prize. Working with different groups like the Harvard Cyberlaw Clinic and Electronic Frontier Foundation, Professor Chao has authored several amicus briefs to the U.S. Supreme Court. Others have also cited to his works in briefs to the Court.
Prior to joining the University of Denver, Professor Chao practiced law in Silicon Valley for almost twenty years in 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 in actual cases.
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).