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David L. Schwartz

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. In 2012, Professor Schwartz received the Excellence in Teaching Award from IIT. Prior to entering academics in 2006, Professor Schwartz practiced intellectual property law, focusing on patents and patent litigation, for over a decade. 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 the use contingent fee representation in patent litigation; reversal rates in patent claim construction cases; litigation involving non-practicing entities; the effect of the presumption of validity on jurors; and the doctrine of equivalents. He has also studied the use of legal scholarship by the judiciary. His scholarship has appeared in leading law journals such as the University of Chicago Law Review, Cornell Law Review, the Harvard Journal of Law & Technology, the Michigan Law Review, and the Northwestern Law Review.

In terms of service to the practicing bar, Professor Schwartz was the program director for the Richard Linn Inn of Court, which focuses on intellectual property law, from 2011 until 2013. 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.

Selected Publications

Our Divided Patent System82 University of Chicago Law Review (forthcoming 2015) (with John Allison & Mark Lemley).

Unpacking Patent Assertion Entities (PAEs), 99 Minnesota Law Review (forthcoming 2014) (with Christopher A. Cotropia & Jay P. Kesan).

Understanding the Realities of Modern Patent Litigation, 92 Texas Law Review 1769 (2014) (with John Allison & Mark Lemley).

Analyzing the Role of Non-Practicing Entities in the Patent System, 99 Cornell Law Review 425 (2014) (with Jay Kesan).

Standards of Proof in Civil Litigation: An Experiment from Patent Law, 26 Harvard Journal of Law & Technology 429 (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).

>> For more, visit Professor Schwartz's SSRN author page.