Search Faculty Publications

DAVID L. SCHWARTZ

2017

Books and other Monographs

July 2017

• The Law of Design: Design Patent, Trademark, and Copyright (West Academic 2017) (Co-authored by: Edward Lee & Mark McKenna).

• THE LAW OF DESIGN: DESIGN PATENT, TRADEMARK, & COPYRIGHT - PROBLEMS, CASES, AND MATERIALS (West Academic 2017) (Co-authored by: Edward S. Lee, & Mark McKenna).

Periodical Articles

January 2017

• Endogenous Litigation Costs: An Empirical Analysis of Patent Disputes in NORTHWESTERN UNIVERSITY PRITZKER SCHOOL OF LAW LAW & ECONOMICS SERIES NO. 17-01 (2017) (Co-authored by: Kyle Rozema, & Jay Kesan).

SSRN

July 2017

• Patently Risky: Framing, Innovation and Entrepreneurial Preferences.

2016

Periodical Articles

April 2016

• How Often Do Non-Practicing Entities Win Patent Suits? in BERKELEY TECHNOLOGY LAW JOURNAL (forthcoming 2016) (Co-authored by: John R. Allison, and Mark A. Lemley).

2015

Periodical Articles

December 2015

• Understanding the Realities of Modern Patent Litigation in 92 TEXAS LAW REVIEW 1769 (2014) (Co-authored by: John R. Allison, & Mark A. Lemley).

September 2015

• Our Divided Patent System in 82 UNIVERSITY OF CHICAGO LAW REVIEW 1073 (2015) (Co-authored by: John Allison & Mark Lemley).

2014

Periodical Articles

December 2014

• Unpacking Patent Assertion Entities in 99 MINNESOTA LAW REVIEW 649 (2014) (Co-authored by: Christopher A. Cotropia & Jay Kesan).

January 2014

• Analyzing the Role of Non-Practicing Entities in the Patent System in 99 CORNELL LAW REVIEW 425 (2014) (Co-authored by: Jay Kesan).

• Standards of Proof in Civil Litigation: An Experiment from Patent Law in 26 HARVARD JOURNAL OF LAW & TECHNOLOGY 429 (2013) (Co-authored by: Christopher Seaman).

• The Rise of Contingent Fee Representation in Patent Litigation in 64 ALABAMA LAW REVIEW 335 (2012).

• An Empirical Assessment of the Supreme Court’s Use of Legal Scholarship in 106 NORTHWESTERN UNIVERSITY LAW REVIEW 995 (2012) (Co-authored by: Lee Petherbridge).

• Explaining the Demise of the Doctrine of Equivalents in 25 BERKELEY TECHNOLOGY LAW JOURNAL 1157 (2011).

• Practice Makes Perfect? An Empirical Study of Claim Construction Reversal Rates in Patent Cases in 107 MICHIGAN LAW REVIEW 223 (2008).