Bernard Chao
Professor of Law & Maxine Kurtz Research Scholar
Co-Director, Intellectual Property and Technology Law Program
303-871-6110 (Office)
Office 407B, Frank H. Ricketson Law Bldg., 2255 East Evans Ave. Denver, CO 80208
Specialization(s)
Contracts, Intellectual Property, Patent Law, Privacy Law
Professional Biography
Bernard Chao is a professor of law and co-director of the law school’s Intellectual Property and Technology Program. Professor Chao conducts research on patent law, remedies, data privacy and jury decision-making. His 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 has authored several amicus briefs to the U.S. Supreme Court working with the Harvard Cyberlaw Clinic and Electronic Frontier Foundation among other groups. Professor Chao’s publications are found in leading law reviews including the California Law Review and Northwestern University Law Review and peer review journals including the New England Journal of Medicine and the American Business Law Journal.
Prior to joining the University of Denver, Professor Chao practiced law in Silicon Valley for almost twenty years. At Wilson, Sonsini and Pennie & Edmonds, Professor Chao litigated high stakes patent cases. At Covad Communications, he served as the Vice President of Legal Strategy as the company grew from a small broadband startup to a public company. 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.
Degree(s)
- 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
Featured Publications
Peer Review
- Clearing Dense Drug-Patent Thickets, New England Journal of Medicine, (Nov. 27, 2024) (co-authored with Ryan Whalen, Aaron Kesselheim, & Sean Tu).
- USPTO's Lax Policy Leads to Humira Formulation Thicket, 52 Journal of Law, Medicine & Ethics 427 (2024).
- Extent of Drug Patents with Terminal Disclaimers and Obviousness-Type Double Patenting Rejections, JAMA (August 12, 2024) (co-authored with Sean Tu and Aaron Kesselheim).
- Biological Patent Thickets and Delayed Access to Biosimilars, An American Problem, Vol. 9 Issue 2, Journal of Law and the Biosciences (2022) (co-authored with Rachel Goode).
- Does Conjoint Analysis Reliably Value Patents?, 58 American Business Law Journal 225 (co-authored with Sydney Donovan) (2021).
Law Review
- Privacy Losses as Wrongful Gains, 106 Iowa Law Review 555 (2021).
- 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 (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).