Professor Brian J. Love writes and teaches about patent law, intellectual property, remedies, and civil litigation more generally. His research on these topics appears in both peer-reviewed economics journals and student-edited law reviews, including the Journal of Law & Economics, International Journal of Industrial Organization, Stanford Law Review, and University of Pennsylvania Law Review. His publications have been been cited by the U.S. Court of Appeals for the Federal Circuit, multiple U.S. District Courts, the Federal Trade Commission, Department of Justice, White House Council of Economic Advisers, and Congressional Research Service. He is also widely quoted and cited in the press, including in articles published by the Associated Press, Reuters, and New York Times, and he has published op-eds in the Wall Street Journal, USA Today, and L.A. Times, among others.
Prior to joining the Santa Clara Law faculty, Professor Love was a Lecturer and Teaching Fellow at Stanford Law School from 2010 to 2012. In recent years, he has also taught courses as a visiting professor at the University of California College of the Law San Francisco, Seton Hall University School of Law, and University of San Francisco School of Law.
Before entering academia, Professor Love practiced law as a special counsel with Wilson Sonsini Goodrich & Rosati and as an 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 the Hon. David C. Godbey of the U.S. District Court for the Northern District of Texas.
Professor Love received his J.D. from Stanford Law School in 2007 and, before pursuing a career in law, studied electrical engineering at The University of Texas at Austin and worked as a software developer at UT’s Applied Research Laboratories.
Links
CV | SSRN | Google Scholar | Digital Commons
J.D., Stanford Law School
B.S. in Electrical Engineering, The University of Texas at Austin (with Highest Honors)
Patent Law, Intellectual Property, Remedies, Empirical Legal Studies
Books
Patent Remedies and Complex Products: Towards a Global Consensus (Brad Biddle, Jorge Contreras, Brian J. Love, Norman Siebrasse eds., Cambridge University Press, 2019) | Link to Full Text
Articles
Welcome to Waco! The Impact of Judge Shopping on Litigation, The Journal of Law, Economics & Organization, vol. 41, pp. 294-315 (2025) (with Christian Helmers) | Link to Full Text
Are Non-Practicing Entities Opportunistic? Evidence from Litigation of Standard Essential Patents, Oxford Economic Papers, vol. 77, pp. 271-288 (2025) (with Christian Helmers) | Link to Full Text
Patent Law Reform and Innovation: An Empirical Assessment of the Last 20 Years, International Review of Law & Economics, vol. 79, article 106210 (2024) (with Christian Helmers) | Link to Full Text
Do Standard-Essential Patent Owners Behave Opportunistically? Evidence from U.S. District Court Dockets, American Law & Economics Review, vol. 25, pp. 300-337 (2023) (with Christian Helmers & Yassine Lefouili) | Link to Full Text
Patent Hold-out and Licensing Frictions: Evidence from Litigation of Standard Essential Patents, International Journal of Industrial Organization, vol. 89, article 102978 (2023) (with Christian Helmers) | Link to Full Text
Patent Validity and Litigation: Evidence from U.S. Inter Partes Review, The Journal of Law & Economics, vol. 66, pp. 53-81 (2023) (with Christian Helmers) | Link to Full Text
Are Market Prices for Patent Licenses Observable? Evidence from 4G and 5G Licensing, Columbia Science & Technology Law Review, vol. 24, pp. 55-105 (2022) (with Christian Helmers) | Link to Full Text
The Effect of Patent Litigation Insurance: Theory and Evidence from NPEs, The Journal of Law, Economics & Organization, vol. 38, pp. 741-773 (2022) (with Bernhard Ganglmair & Christian Helmers) | Link to Full Text
The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting, American Law & Economics Review, vol. 23, pp. 56-99 (2021) (with Christian Helmers, Yassine Lefouili, & Luke McDonagh) | Link to Full Text
Determinants of Patent Quality: Evidence from Inter Partes Review Proceedings, University of Colorado Law Review, vol. 90, pp. 67-165 (2019) (with Shawn Miller & Shawn Ambwani) | Link to Full Text
An Empirical Look at the “Brokered” Market for Patents, Missouri Law Review, vol. 83, pp. 359-407 (2018) (with Kent Richardson, Erik Oliver, & Michael Costa) | Link to Full Text
Who Needs a Copyright Small Claims Court? Evidence from the U.K.’s IP Enterprise Court, Berkeley Technology Law Journal Commentaries (2018) (with Christian Helmers, Yassine Lefouili, & Luke McDonagh) | Link to Full Text
Litigation of Standards-Essential Patents in Europe: A Comparative Analysis, Berkeley Technology Law Journal, vol. 32, pp. 1457-1487 (2017) (with Jorge Contreras, Christian Helmers, & Fabian Gaessler) | Link to Full Text
Predictably Expensive: A Critical Look at Patent Litigation in the Eastern District of Texas, Stanford Technology Law Review, vol. 20, pp. 1-37 (2017) (with Jim Yoon) | Link to Full Text
Patent Litigation in China: Protecting Rights or the Local Economy?, Vanderbilt Journal of Entertainment & Technology Law, vol. 18, pp. 713-741 (2016) (with Christian Helmers & Markus Eberhardt) | Link to Full Text
Inter Partes Review as a Shield for Technology Purchasers, Boston College Law Review, vol. 56, pp. 1075-1095 (2015) | Link to Full Text
Bad Actors and the Evolution of Patent Law, Virginia Law Review Online, vol. 101, pp. 1-12 (2015) | Link to Full Text
Inter Partes Review: An Early Look at the Numbers, University of Chicago Law Review Dialogue, vol. 81, pp. 93-107 (2014) (with Shawn Ambwani) | Link to Full Text
Do University Patents Pay Off? Evidence from a Survey of University Inventors in Computer Science and Electrical Engineering, Yale Journal of Law & Technology, vol. 16, pp. 285-343 (2014) | Link to Full Text
Is There a Patent Troll Problem in the U.K.?, Fordham Intellectual Property, Media & Entertainment Law Journal, vol. 24, pp. 509-553 (2014) (with Christian Helmers & Luke McDonagh) | Link to Full Text
Expanding Patent Law’s Customer Suit Exception, Boston University Law Review, vol. 93, pp. 1605-1641 (2013) (with Jim Yoon) | Link to Full Text
Make the Patent “Polluters” Pay: Using Pigovian Fees to Curb Patent Abuse, California Law Review Circuit, vol. 4, pp. 84-91 (2013) (with Jim Bessen) | Link to Full Text
An Empirical Study of Patent Litigation Timing: Could a Patent Term Reduction Decimate Trolls Without Harming Innovators?, University of Pennsylvania Law Review, vol. 161, pp. 1309-1359 (2013) | Link to Full Text
Best Mode Trade Secrets, Yale Journal of Law & Technology, vol. 15, pp. 1-23 (2012) (with Chris Seaman) | Link to Full Text
Why Patentable Subject Matter Matters for Software, George Washington Law Review Arguendo, vol. 81, pp. 1-11 (2012) | Link to Full Text
Like Deck Chairs on the Titanic: Why Spectrum Reallocation Won’t Avert the Coming Data Crunch but Technology Might Keep the Wireless Industry Afloat, Washington University Law Review, vol. 89, pp. 705-719 (2012) (with David Love & James Krogmeier) | Link to Full Text
Interring the Pioneer Invention Doctrine, North Carolina Law Review, vol. 90, pp. 379-459 (2012) | Link to Full Text
The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent, Missouri Law Review, vol. 74, pp. 909-948 (2009) | Link to Full Text
Patentee Overcompensation and the Entire Market Value Rule, Stanford Law Review, vol. 60, pp. 263-294 (2007) | Link to Full Text
Chapters
TCL v. Ericsson: Top-Down Royalty Calculations and Jury Verdicts in U.S. FRAND Cases, in Cases in Context: FRAND and Standards-Essential Patents (Jorge Contreras ed., forthcoming) | Link to Full Text
U.S. Patent Sales by Universities and Research Institutes, in Research Handbook on Intellectual Property and Technology Transfer (Jacob H. Rooksby ed., Edward Elgar, 2020) | Link to Full Text
Reasonable Royalties (with Thomas Cotter, et al.) in Patent Remedies and Complex Products: Towards a Global Consensus (Biddle et al. eds., Cambridge University Press, 2019) | Link to Full Text
Lost Profits and Disgorgement (with Chris Seaman, et al.) in Patent Remedies and Complex Products: Towards a Global Consensus (Biddle et al. eds., Cambridge University Press, 2019) | Link to Full Text
Enhanced Damages, Litigation Cost Recovery, and Interest (with Colleen Chien, et al.) in Patent Remedies and Complex Products: Towards a Global Consensus (Biddle et al. eds., Cambridge University Press, 2019) | Link to Full Text
Injunctive Relief (with Norman Siebrasse, et al.) in Patent Remedies and Complex Products: Towards a Global Consensus (Biddle et al. eds., Cambridge University Press, 2019) | Link to Full Text
The Effect of FRAND Commitments on Patent Remedies (with Jorge Contreras, et al.) in Patent Remedies and Complex Products: Towards a Global Consensus (Biddle et al. eds., Cambridge University Press, 2019) | Link to Full Text
Patent Duration, in 2 Research Handbook: Economics of Intellectual Property Rights (Peter Menell & David L. Schwartz eds., Edward Elgar, 2019) | Link to Full Text
Patent Assertion Entities in Europe, in Patent Assertion Entities and Competition Policy (D. Daniel Sokol ed., Cambridge University Press, 2017) (with Fabian Gaessler, Christian Helmers, & Max Ernicke) | Link to Full Text