Topic: Empirical Studies of PAEs
Speaker: David L. Schwartz, Professor of Law, Northwestern Pritzker School of Law
Date: Thursday, March 1, 2018, 6:00 pm
Location: Morrison & Foerster LLP, 12531 High Bluff Dr # 100, San Diego, CA 92130
The press commonly reports about patent assertion entities (PAEs), also known as patent “trolls” or non-practicing entities (NPEs). Most stories involve PAEs behaving badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. But does the data support that many or most PAEs behave like this? By carefully studying the dockets from all patent litigation, we empirically investigate how different types of patentees litigate. We also empirically study “patent privateers,” a hybrid type of PAE that obtains patent enforcement rights from practicing entities, and then shares the earnings with the original patent holder.
David Schwartz has focused his teaching and research on intellectual property and patent law, with a particular emphasis on empirical studies of patent litigation. He also co-authored a casebook on the law of design, including design patents. 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 Cornell Law Review, the Northwestern Law Review, the Texas Law Review, the University of Chicago Law Review, and the Michigan 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.