David L. Schwartz
David Schwartz joined the Northwestern University School of Law as a Professor in June of 2015. His teaching and research focus on intellectual property and patent law, with a particular emphasis on empirical studies of patent litigation. Professor Schwartz previously was a professor and co-director of the Center for Empirical Studies of Intellectual Property Law at IIT / Chicago-Kent College of Law and an assistant professor at the John Marshall Law School. 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.
Areas of Expertise
- Intellectual Property Law
- Our Divided Patent System in 82 university of chicago law review 1073 (2015) (with John Allison & Mark Lemley).
- Unpacking Patent Assertion Entities in 99 minnesota law review 649 (2014) (with Christopher A. Cotropia & Jay Kesan).
- Analyzing the Role of Non-Practicing Entities in the Patent System in 99 cornell law review 425 (2014) (with Jay Kesan).
- Standards of Proof in Civil Litigation: An Experiment from Patent Law in 26 harvard journal of law & technology 429 (2013) (with Christopher Seaman).
- The Rise of Contingent Fee Representation in Patent Litigation in 64 alabama law review 335 (2012).
- Practice Makes Perfect? An Empirical Study of Claim Construction Reversal Rates in Patent Cases in 107 michigan law review 223 (2008).
- BS, University of Illinois at Urbana-Champaign
- JD cum laude, University of Michigan Law School
- Visiting Professor of Law, Northwestern University School of Law
- Professor of Law and co-Director of the Center for Empirical Studies of Intellectual Propert, IIT/Chicago-Kent College of Law
- Assistant Professor of Law, John Marshall Law School