David L. Schwartz
Associate Professor of Law and Co-Director of the Center for Empirical Studies of Intellectual Property
Professor Schwartz teaches patent law, patent litigation and intellectual property strategies classes at IIT Chicago-Kent. He joined the Chicago-Kent faculty in 2009 after teaching for three years at The John Marshall Law School in Chicago. Professor Schwartz also brings to the law school more than a decade of experience as an intellectual property law practitioner. From 2000 to 2006, he was a partner at two intellectual property boutique firms in Chicago, where his practice included patent, copyright, trademark and trade secrets litigation; patent and trademark prosecution; and intellectual property-related transactions. He began his career in 1995 as an associate at Jenner & Block.
Professor Schwartz's research focuses on empirical studies of patent law and judicial behavior, including of patent claim construction, litigation involving non-practicing entities, and the doctrine of equivalents. He has also studied the use of legal scholarship by the judiciary and the use of contingent fee representation in patent litigation. His scholarship has appeared in the Michigan Law Review, Cornell Law Review, Northwestern Law Review and William & Mary Law Review.
Professor Schwartz is the program director for the Richard Linn Inn of Court, which focuses on intellectual property law. He also served from 2011 until 2013 on the board of managers for the Intellectual Property Law Association of Chicago. Professor Schwartz is registered to practice before the U.S. Patent and Trademark Office.
In 1995, Professor Schwartz graduated cum laude from the University of Michigan Law School, where he was a contributing editor for the University of Michigan Law Review. He earned a B.S. degree with high distinction in chemical engineering in 1992 from the University of Illinois at Urbana-Champaign and was a member of Tau Beta Pi, an engineering honors society.
Analyzing the Role of Non-Practicing Entities in the Patent System, 99 Cornell Law Review (forthcoming 2014) (with Jay Kesan).
Standards of Proof in Civil Litigation: An Experiment from Patent Law, Harvard Journal of Law & Technology (forthcoming 2013) (with Christopher Seaman).
The Rise of Contingent Fee Representation in Patent Litigation, 64 Alabama Law Review 335 (2012).
An Empirical Assessment of the Supreme Court's Use of Legal Scholarship, 106 Northwestern University Law Review 995 (2012) (with Lee Petherbridge).
Paving the Path to Predicting Legal Outcomes, 90 Texas Law Review See Also 97 (2012) (with Jay Kesan & Ted Sichelman).
Explaining the Demise of the Doctrine of Equivalents, 25 Berkeley Technology Law Journal 1157 (2011).
The Use of Legal Scholarship by the Federal Courts of Appeals: An Empirical Study, 96 Cornell Law Review 1345 (2011) (with Lee Petherbridge).
Practice Makes Perfect? An Empirical Study of Claim Construction Reversal Rates in Patent Cases, 107 Michigan Law Review 223 (2008).