Brian Love

Assistant Professor of Law


Brian Love’s research focuses on patent law, intellectual property, and other issues at the intersection of law and technology policy.

He is a recognized expert in the area of patent damages, patterns of patent enforcement across industries, and university patent ownership and licensing. His work has been cited by the Federal Trade Commission, Congressional Research Service, and Department of Justice. Brian is also a frequent media commentator on new developments in intellectual property, with recent quotes appearing in the Wall Street Journal, Washington Post, San Francisco Chronicle, San Jose Mercury News, and Daily Journal.

Prior to joining Santa Clara University School of Law, Brian was a Lecturer and Teaching Fellow at Stanford Law School, where he ran the LLM Program in Law, Science & Technology from 2010 to 2012. Brian previously practiced law as a Special Counsel with Wilson Sonsini Goodrich & Rosati and as a litigation Associate with Fish & Richardson.

He also served as a law clerk to the Hon. Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit and to the Hon. David C. Godbey of the U.S. District Court for the Northern District of Texas. Before attending law school, Brian worked as an engineer in the sonar development division of The University of Texas at Austin’s Applied Research Laboratories.


J.D., Stanford Law School

B.S. in Electrical Engineering, The University of Texas at Austin (with Highest Honors)

Areas of Specialization

Patent Law, Intellectual Property, Telecommunications Law



Make the Patent "Polluters" Pay: Using Pigovian Fees to Curb Patent Abuse, with Bessen, 4 California Law Review Circuit 84-91 (2013) | Link to Full Text

An Empirical Study of Patent Litigation Timing: Could a Patent Term Reduction Decimate Trolls Without Harming Innovators?, 161 University of Pennsylvania Law Review 1309-1359 (2013)

Best Mode Trade Secrets, with Seaman, 15 Yale Journal of Law and Technology 1-23 (2013) (Reprinted at 45 Intellectual Property Law Review 723-745 (2013)) | Link to Digital Commons

Why Patentable Subject Matter Matters for Software, 81 George Washington Law Review Arguendo 1-11 (2012) (Arguendo is the online companion to the George Washington Law Review) | Link to Digital Commons

Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won't Avert the Coming Data Crunch, with Krogmeier and Love, 89 Washington University Law review 705-719 (2012) | Link to Digital Commons

Interring the Pioneer Invention Doctrine, 90 North Carolina Law Review 379-459 (2012) | Link to Digital Commons

The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent, 74 Missouri Law Review 909-949 (2009) | Link to Digital Commons

Patentee Overcompensation and the Entire Market Value Rule, 60 Stanford Law Review 263-294 (2007) | Link to Digital Commons


Currently Teaching:

Spring 2014