Brian J. Love. 500 El Camino Real Santa Clara, CA (408) Bergin Hall B109

Transcription

1 Brian J. Love 500 El Camino Real Santa Clara, CA (408) Bergin Hall B109 ACADEMIC POSITIONS Santa Clara University School of Law Assistant Professor 2012 present Teaching: Patent Law (Fall 2012, Spring 2014, Fall 2014, Spring 2016, Fall 2016), IP Survey (Spring 2013, Fall 2013, Fall 2016, Fall 2017), and Remedies (Spring 2013, Spring 2014, Spring 2015, Spring 2017, Fall 2017) Co-Director, High Tech Law Institute 2014 present Responsible for coordinating the law school s academic, curricular, and programmatic initiatives related to I.P. and other legal topics impacting the high tech industry Stanford Law School Lecturer in Law, and Teaching Fellow in Law, Science & Technology Taught: Law, Science & Technology Colloquium (Fall 2010, Winter 2011, Spring 2011, Fall 2011, Winter 2012) Responsible for all aspects of LL.M. Program in Law, Science & Technology, including student advising and admissions EDUCATION Stanford Law School Doctor of Jurisprudence, June 2007 The University of Texas at Austin Bachelor of Science in Electrical Engineering with Highest Honors, May 2004 CLERKSHIPS Law Clerk to the Honorable Dorothy W. Nelson, Pasadena, CA United States Court of Appeals for the Ninth Circuit Law Clerk to the Honorable David C. Godbey, Dallas, TX United States District Court for the Northern District of Texas OTHER EXPERIENCE Wilson Sonsini Goodrich & Rosati P.C., Palo Alto, CA 2012 Special Counsel, IP Litigation Section Fish & Richardson P.C., Dallas, TX Associate, Litigation Section Applied Research Laboratories, Austin, TX Sonar Development Division Developed sonar data processing algorithms for U.S. Navy mine-hunting systems Designed and implemented Linux-based graphical user interface to display sonar images Page 1 of 6

2 PUBLICATIONS Works in Progress: Incentives to Litigate: Evidence from a Court Reform in the U.K. (with Christian Helmers, Yassine Lefouili, & Luke McDonagh) An Empirical Study of the Brokered Market for Patents (with Kent Richardson, Erik Oliver, & Michael Costa) What Can PTAB Proceedings Teach Us About Patent Quality? (with Shawn Miller & Shawn Ambwani) The Effect of NPE Insurance (with Bernhard Ganglmair, Christian Helmers, & Shawn Miller) The Effect of Bifurcation on Patent Litigation: Evidence from the U.S. Inter Partes Review (with Christian Helmers & Yassine Lefouili) Law Journals: Litigation of Standards-Essential Patents in Europe: A Comparative Analysis, 31 Berkeley Technology Law Journal (forthcoming 2017) (with Jorge Contreras, Christian Helmers, & Fabian Gaessler) Predictably Expensive: A Critical Look at Patent Litigation in the Eastern District of Texas, 20 Stanford Technology Law Journal 1 (2017) (with Jim Yoon) (cited in Sen. Orrin Hatch s oped, The Supreme Court Should Bring Sanity to Patent Law, Wired.com, Mar. 26, 2017) Patent Litigation in China: Protecting Rights or the Local Economy?, 18 Vanderbilt Journal of Entertainment and Technology Law 713 (2016) (with Christian Helmers & Markus Eberhardt) (republished in Intellectual Asset Management, Mar./Apr. 2016, at 23, and again in Mitteilungen der Deutschen Patentanwälte, Apr. 2017, at 163) Inter Partes Review as a Shield for End-Users, 56 Boston College Law Review 1075 (2015) Bad Actors and the Evolution of Patent Law, 101 Virginia Law Review Online 1 (2015) Inter Partes Review: An Early Look at the Numbers, 81 University of Chicago Law Review Dialogue 93 (2014) (with Shawn Ambwani) Do University Patents Pay Off? Evidence from a Survey of University Inventors in Computer Science and Electrical Engineering, 16 Yale Journal of Law & Technology 285 (2014) Is There a Patent Troll Problem in the U.K.?, 24 Fordham Intellectual Property, Media & Entertainment Law Journal 509 (2014) (with Christian Helmers & Luke McDonagh) (cited in the FTC s 2016 report on Patent Assertion Entity Activity) Expanding Patent Law s Customer Suit Exception, 93 Boston University Law Review 1605 (2013) (with Jim Yoon) (cited in Akamai Tech., Inc. v. Limelight Networks, Inc., 786 F.3d 899, 913 (Fed. Cir. 2015) (en banc)) (proposed reforms incorporated in multiple patent reform bills, including the Goodlatte Innovation Act, H.R. 3309, 113 th Cong. 5 (2013)) Make the Patent Polluters Pay: Using Pigovian Fees to Curb Patent Abuse, 4 California Law Review Circuit 84 (2013) (with Jim Bessen) An Empirical Study of Patent Litigation Timing: Could A Patent Term Reduction Decimate Trolls Without Harming Innovators?, 161 University of Pennsylvania Law Review 1309 (2013) (cited in the Congressional Research Service s 2012 report An Overview of the Patent Trolls Debate, in the White House Council of Economic Advisers 2016 issue brief The Patent Litigation Landscape: Recent Research and Developments, and in the FTC s 2016 report on Patent Assertion Entity Activity) Best Mode Trade Secrets, 15 Yale Journal of Law & Technology 1 (2012) (with Chris Seaman) (reprinted in 2013 ed. of West s Intellectual Property Law Review) Page 2 of 6

3 Why Patentable Subject Matter Matters for Software, 81 George Washington Law Review Arguendo 1 (2012) Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won t Avert the Coming Data Crunch but Technology Might Keep the Wireless Industry Afloat, 89 Washington University Law Review 705 (2012) (with David Love & James Krogmeier) Interring the Pioneer Invention Doctrine, 90 North Carolina Law Review 379 (2012) The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent, 74 Missouri Law Review 909 (2009) (cited in Merges & Duffy s Patent Law & Policy textbook, in the FTC s 2011 report The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition, and in the Congressional Research Service s 2010 report Deferred Examination of Patent Applications: Implications for Innovation Policy) Patentee Overcompensation and the Entire Market Value Rule, 60 Stanford Law Review 263 (2007) (cited in the DOJ s 2010 report Promoting Innovation Through Patent and Antitrust Law and Policy) Book Chapters: Reasonable Royalty Damages for Complex Products, in Patent Remedies and Complex Products: Towards a Global Consensus (Jorge Contreras, Norman Siebrasse, & Brad Biddle eds., forthcoming) (with Thomas Cotter, et al.) Lost Profits Damages and Disgorgement of Defendant s Profits, in Patent Remedies and Complex Products: Towards a Global Consensus (Jorge Contreras, et al., eds., forthcoming) (with Chris Seaman, et al.) Enhanced Damages and Costs Awards, in Patent Remedies and Complex Products: Towards a Global Consensus (Jorge Contreras, et al., eds., forthcoming) (with Colleen Chien, et al.) Patent Duration, in 2 Research Handbook: Economics of Intellectual Property Rights (Peter Menell & David L. Schwartz eds., forthcoming) Patent Assertion Entities in Europe, in Patent Assertion Entities and Competition Policy (D. Daniel Sokol ed., 2016) (with Fabian Gaessler, Christian Helmers, & Max Ernicke) Newspapers & Magazines: Restricting Patent Challenges Will Hurt Small Businesses, TheHill.com, May 27, 2015 Patent Reform Won t Hurt Professors, Wall Street Journal, May 4, 2015, at A15 Tax the Patent Trolls, USAToday.com, July 24, 2013 (with Jim Bessen) No: Software Patents Don t Spur Innovation, but Impede It, Wall Street Journal, May 13, 2013, at R2 (part of a Journal Reports debate titled Should Patents Be Awarded to Software? ) Let s Use Patent Fees to Stop the Trolls, Wired.com, Dec. 20, 2012 Past Unlawful Injunctions Shouldn t Cloud Samsung Galaxy S III s Future, TechCrunch.com, Dec. 4, 2012 Apple Bites Back: But Will the Company Come to Regret its Huge Court Victory?, Los Angeles Times, Aug. 30, 2012, at A15 (republished in, inter alia, Dallas Morning News, Sept. 4, at 13A, Tulsa World, Sept. 1, at A23, and Newsday.com, Sept. 1) Apple, Google Please Spend on R&D not IP, San Francisco Chronicle, Aug. 22, 2012, at A10 Facebook IPO Belies Perils of Collegiate Inventors, BostonGlobe.com, May 16, 2012 Subsidizing Patent Roulette, Indianapolis Star, Mar. 5, 2012, at A13 Page 3 of 6

4 TESTIMONY AND ADVOCACY Amicus Brief, TC Heartland LLC v. Kraft Foods Group Brands LLC, No (U.S. Sup. Ct.) (with Colleen Chien, Mark Lemley, & Arti Rai, signed by 61 I.P. professors) Submission of Topics for USPTO Quality Case Studies, submitted in response to Request for Submission of Topics for USPTO Quality Case Studies, 80 Fed. Reg (proposed Dec. 21, 2015) (with Colleen Chien) Comment on Enhancing Patent Quality, submitted in response to Requests for Comments on Enhancing Patent Quality, 80 Fed. Reg (proposed Feb. 5, 2015) I.P. Scholars Letter to Congress re Patent Reform, March 2, 2015 (with Jim Bessen & Mike Meurer, signed by 51 I.P. scholars) Amicus Brief, Carnegie Mellon Univ. v. Marvell Tech. Grp., Ltd., No (Fed. Cir.) (signed by 15 I.P. professors) Amicus Brief, Alice Corp. v. CLS Bank Int l, No (U.S. Sup. Ct.) (with Jim Bessen, Mike Meurer, & Jason Schultz, signed by 26 I.P. professors) (published as 4 N.Y.U. Journal of Intellectual Property & Entertainment Law 358 (2015) Professors Letter to Congress in Support of Patent Reform Legislation, Nov. 25, 2013 (signed by 61 I.P. professors) Testimony, California Assembly Select Committee on High Technology, Informational Hearing on Patent Assertion Entities, Oct. 30, 2013 SELECTED PRESENTATIONS Stanford PAE Symposium, Stanford Law School, May 11, 2017 (The Effect of NPE Insurance) Participant, (Invitation Only) Workshop: International Patent Remedies for Complex Products (INPRECOMP) Project, Arizona State University Sandra Day O Connor College of Law, Mar , Participant, (Invitation Only) Workshop: International Patent Remedies for Complex Products (INPRECOMP) Project, King s College London, Oct , Panelist, Inter Partes Review: Current Thinking on What, When, Why, and How Much, Merchant & Gould CLE Event, Mountain View, CA, Sept. 27, Panelist, Applicant Incentives and Choices, Santa Clara-Duke Patent Quality Conference, Santa Clara University School of Law, Sept. 9, th Annual I.P. Scholars Conference, Stanford Law School, Aug. 12, 2016 (The Effect of Fee Shifting on IP Litigation: Evidence from a Court Reform in the UK) Panelist, New Developments and New IPR Strategies Before the PTAB, Patent Disputes for Our Time: New Realities and New Approaches, California State Bar IP Section, San Francisco, CA, Mar. 23, 2016 Panelist, Data Analysis: PTAB by the Numbers, U.S. Patent Forum 2016, Managing Intellectual Property, Palo Alto, CA, Mar. 15, 2016 Corporate Intellectual Property Strategy Conference, Santa Clara University School of Law, Nov. 17, 2015 (Patent Litigation Update 2015) Panelist, Patent Reform in the EU and US: Impacts on International Patent Strategy, Law in the Global Marketplace Symposium, Santa Clara University School of Law, Nov. 4, 2015 Page 4 of 6

5 Faculty Workshop, University of San Francisco School of Law, Oct. 28, 2015 (Patent Litigation in China: Protecting Rights or the Local Economy?) I.P. Scholars Roundtable, Texas A&M University School of Law, Oct. 10, 2015 (Patent Litigation in China: Protecting Rights or the Local Economy?) The Economics of Intellectual Property Rights Conference, U.C. Berkeley School of Law, Aug. 21, 2015 (Patent Duration) The PTO and the Courts, Stanford Law School, April 18, 2015 (Inter Partes Review as a Shield for End-Users) Federal Judicial Center Law and the Biosciences Seminar, Stanford Law School, Jan. 16, 2015 (Intellectual Property and Biotechnology) 14 th Annual I.P. Scholars Conference, U.C. Berkeley School of Law, Aug. 7, 2014 (An Empirical Study of Inter Partes Review) Patent Trolls and Patent Reform Conference, Stanford Law School, Mar. 22, 2014 (A Survey of University Inventors in Computer Science and Electrical Engineering) Panelist, Reforms Targeting Litigation Abuse, Patent Trolls and Patent Reform Conference, Stanford Law School, Mar. 21, 2014 Works in Progress: I.P., Santa Clara University School of Law, Feb. 7, 2014 (A Survey of University Inventors in Computer Science and Electrical Engineering) Panelist, Patent Reform, Advanced Patent Law Institute, Palo Alto, CA, Dec. 13, 2013 Witness, California Assembly Select Committee on High Technology, Informational Hearing on Patent Assertion Entities, Mountain View, CA, Oct. 30, 2013 Law Reunion Weekend CLE speaker, Santa Clara University School of Law, Sept., (Patent Law Year in Review) Participant, (Invitation Only) Workshop: Research on Patent Assertion and Potential FTC Investigations, U.C. Hastings College of Law, May 23, 2013 Panelist, Joint and Divided Infringement, 24 th Annual All Hands Meeting, Santa Clara, CA, Dec. 6, 2012 Panelist, Solving the Software Patent Problem, Santa Clara University School of Law, Nov. 16, 2012 (Could a Patent Term Reduction Solve the Software Patent Problem?) Paper Discussant, 7 th Annual Conference on Empirical Legal Studies, Stanford Law School, Nov. 9, 2012 (Petherbridge, et al., Unenforceable Patents) 12 th Annual I.P. Scholars Conference, Stanford Law School, Aug. 9, 2012 (Creating a National Database for Patent Valuation) Panelist, Calculating Patent Damages, Samsung-Stanford Conference on Patent Enforcement, Stanford Law School, Feb. 24, 2012 Faculty Workshop, William & Mary Law School, Nov. 29, 2011 (An Empirical Study of Patent Litigation Timing: Could A Patent Term Reduction Decimate Trolls Without Harming Innovators?) Faculty Workshop, Loyola Law School L.A., Nov. 8, 2011 (An Empirical Study of Patent Litigation Timing: Could A Patent Term Reduction Decimate Trolls Without Harming Innovators?) Faculty Workshop, Rutgers-Newark Law School, Nov. 1, 2011 (An Empirical Study of Patent Litigation Timing: Could A Patent Term Reduction Decimate Trolls Without Harming Innovators?) Page 5 of 6

6 11 th Annual I.P. Scholars Conference, DePaul University College of Law, Aug. 12, 2011 (Timing is Everything: Could Shortening the Patent Term Decimate Trolls Without Harming Innovators?) Panel Moderator, Overcompensation and Apportionment, Samsung-Stanford Conference on Patent Remedies, Stanford Law School, Feb. 18, 2011 Faculty Workshop, SMU Dedman School of Law, Dec. 14, 2009 (The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent) Faculty Workshop, California Western School of Law, Nov. 23, 2009 (The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent) SERVICE Reviewer: European Journal of Law and Economics; IEEE Systems, Man and Cybernetics; Journal of Empirical Legal Studies; Jurimetrics; National Science Foundation; Oxford University Press; and Stanford Technology Law Review Academic Affairs Committee Member, Santa Clara University School of Law, , , Curriculum Committee Member, Santa Clara University School of Law, Chair, Hiring Committee for the Managing Director of the High Tech Law Institute, Director, Santa Clara University-Seoul National University Joint I.P. LLM Program, Summer 2014 Faculty Enrichment Committee Member, Santa Clara University School of Law, Faculty Secretary, Santa Clara University School of Law, Judge, 2013 Santa Clara University School of Law Honors Moot Court Competition Clinic Review Committee for the Entrepreneurs Law Clinic Director, Santa Clara University School of Law, Spring 2013 Chair, I.P. Scholars Conference, Stanford Law School, Aug Lecturer, Santa Clara University-Seoul National University Joint I.P. LLM Program, Summer 2012 Chair, Samsung-Stanford Conference on Patent Enforcement, Feb Judge, 2011 Stanford Law School Kirkwood Moot Court Competition Chair, Samsung-Stanford Conference on Patent Remedies, Feb Judge, 2010 Stanford Law School Kirkwood Moot Court Competition MEDIA COVERAGE Quoted or cited in over 250 unique media reports, including by the Associated Press, Reuters, New York Times, Wall Street Journal, Washington Post, L.A. Times, The Economist, The Atlantic, Wired, C Net, and Ars Technica. PROFESSIONAL MEMBERSHIPS Member, State Bar of Texas Admitted to practice before the U.S. Supreme Court, Federal Circuit, Ninth Circuit, and Northern and Eastern Districts of Texas Certified Engineer-in-Training (Texas) Page 6 of 6