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SMU Dedman Law

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Assistant Professor of Law


Email: dotaylor@smu.edu

Phone: 214-768-1685

Education:
Harvard Law School, J.D., cum laude

Texas A&M University, B.S. in Mechanical Engineering, magna cum laude
Professor Taylor teaches in the areas of contracts and patent law.  His scholarship focuses on patent law, patent policy, patent litigation, and civil procedure.
 
Professor Taylor earned his bachelor of science, magna cum laude, in mechanical engineering from Texas A&M University and his juris doctor, cum laude, from Harvard Law School.  Prior to law school, Professor Taylor worked as an applications engineer at National Instruments Corporation in Austin, Texas.  While in law school, he served as an extern for the U.S. Attorney’s Office in Boston and was a member of both the Harvard Journal of Law & Technology and the Harvard Journal of Law & Public Policy.
 
After graduating from law school, Professor Taylor clerked for the Honorable Sharon Prost of the U.S. Court of Appeals for the Federal Circuit.  A registered patent attorney, he also worked in the intellectual property department of the law firm of Baker Botts LLP in its Dallas office.  While at Baker Botts, Professor Taylor engaged in patent prosecution, patent licensing, and patent litigation in various district courts and at the U.S. Court of Appeals for the Federal Circuit.  He also assisted with various advanced patent law courses at SMU Dedman School of Law and successfully represented clients in pro bono matters, including before the U.S. Court of Veterans Appeals.
 
Professor Taylor has published articles in the New York University Law Review; Connecticut Law Review; SMU Law Review; Temple Law Review; Fordham Intellectual Property, Media and Entertainment Law Journal; and Texas Intellectual Property Law Journal.  His most recent scholarship will be published in the Georgia Law Review.

Primary Articles

Using Reasonable Royalties to Value Patented Technology, 49 Georgia Law Review ___ (forthcoming 2014)

Formalism and Antiformalism in Patent Law Adjudication:  Rules and Standards, 46 Connecticut Law Review 415 (2013)

Formalism and Antiformalism in Patent Law Adjudication:  Precedent and Policy, 66 SMU Law Review 633 (2013)

Patent Misjoinder, 88 NYU Law Review 652 (2013)

Clear But Unconvincing: The Federal Circuit’s Invalidity Standard, 21 Fordham Intellectual Property, Media & Entertainment Law Journal 293 (2011)

Patent Fraud, 83 Temple Law Review 49 (2010)

Wasting Resources: Reinventing the Scope of Waiver Resulting from the Advice-of-Counsel Defense to a Charge of Willful Patent Infringement, 12 Texas Intellectual Property Law Journal 319 (2004)
  • Cited in In re Echostar Communications Corporation, 448 F.3d 1294, 1303 n.5 (Fed. Cir. 2006)
  • Selected for republication in Intellectual Property Law Review, 2005 ed.

Speeches/Presentations

"Using Reasonable Royalties to Value Patented Technology," Presenter, Patent Conference 4 (PatCon4), University of San Diego School of Law (San Diego, CA (April 2014))
 
"Guidance to Legal Specialties:  Course Planning and Positioning," Presenter, Faculty Career Mentorship Program, SMU Dedman School of Law (Dallas, TX (April 2014))
 
"Patent Trolls," Panelist, SMU Intellectual Property Organization, SMU Dedman School of Law (Dallas, TX (March 2014))

"Taking the Patent Bar," Moderator of Panel Discussion, SMU Intellectual Property Organization, SMU Dedman School of Law (Dallas, TX (February 2014))
 
"In House Perspective on Frand," Moderator of Panel Discussion, 15th Annual Intellectual Property Symposium: FRAND and the Antitrust/Intellectual Property Interface, Texas Intellectual Property Law Journal (Austin, TX (February 2014))
 
"Post-Graduation Judicial Clerkships:  Nuts and Bolts," Panelist, Clerkship Committee, SMU Dedman School of Law (Dallas, TX (January 2014))
 
"Stewardship of Patent Law:  The Supreme Court and the Federal Circuit," Moderator of Panel Discussion, 51st Annual Conference on Intellectual Property Law, The Center for American and International Law (Plano, TX (November 2013))
 
"Guidance to Legal Specialties:  Course Planning and Positioning," Presenter, Faculty Career Mentorship Program, SMU Dedman School of Law (Dallas, TX (November 2013))

"Formalism and Antiformalism in Patent Law Adjudication:  Precedent and Policy,"  Intellectual Property Scholars Conference, Yeshiva University Cardozo School of Law (New York, NY (August 2013))

"Formalism and Antiformalism in Patent Law Adjudication:  Rules and Standards," Patent Conference 3 (PatCon3), Illinois Institute of Technology Chicago-Kent College of Law (Chicago, IL (April 2013))

"AIA:  What Did We Achieve, What Are the Unintended Consequences, and What Still Needs to Be Done?," Advanced Practice under the America Invents Act, The Center for American and International Law (Dallas, TX (April 2013))

Moderator of panel on "The Patent Bar Exam – What You Need to Know," SMU Intellectual Property Organization (Dallas, TX (April 2013))

Moderator of panel on "Institutional Roles:  The Federal Circuit and the Supreme Court," at the Symposium on Emerging Intellectual Property Issues:  The Federal Circuit and Patent Law, SMU Dedman School of Law (Dallas, TX (March 2013))

Moderator of panel on "Two Former Federal District Court Judges' Views on Patent Law and Litigation," SMU Dedman School of Law (Dallas, TX (March 2013))

"Contentions and Fact Discovery; Expert Witnesses and Expert Discovery," Conference on Sino-U.S. Patent Litigation Procedures, Southwest University of Political Science and Law (Chongqing, China, (December 2012))
 
"To MDL or Not to MDL: Views from the Trenches," Patent Multidistrict Litigation in the Wake of the America Invents Act, State Bar of Texas and SMU Dedman School of Law (Dallas, TX (November 2012))
 
Conference Co-Chair, "50th Anniversary Conference on Intellectual Property Law," Institute for Law and Technology, The Center for American and International Law (Plano, TX (November 2012))
 
"Patent Law and Your Career," Texas A&M University Mechanical Engineering Seminar (College Station, TX (November (2012))
    
"Into the Future: What’s Ahead?," Eastern District Bench Bar Conference (Plano, TX (October (2012))
 
Moderator of Panel on "NPE Litigation Strategies," Institute on Intellectual Property Law, Houston Intellectual Property Law Association and University of Houston Law Center (Houston, TX (October 2012))
 
"Careers in Intellectual Property Law: Start Here," SMU Office of Career Services (Dallas, TX (September (2012))
 
"Apple v. Samsung Verdict Debrief," SMU Science and Technical Law Review (Dallas, TX (August 2012))
 
"The Federal Circuit: Standing in the Breach," Intellectual Property Scholars Conference, Stanford Law School (Stanford, CA (August 2012))
 
"Joinder of Accused Infringers in Patent Infringement Litigation," Advanced Patent Litigation Course, State Bar of Texas (Austin, TX (August 2012))

Moderator of panel on "Target, The Eastern District of Texas," Symposium on Emerging Intellectual Property Issues: The America Invents Act, SMU Dedman School of Law (Dallas, TX (April 2012))

Moderator of panel on "The Patent Bar Exam – What You Need to Know," SMU Intellectual Property Organization (Dallas, TX (April 2012))
    
"The Ethics of the America Invents Act," Patent Workshop: Practicing Under the New Patent Laws, State Bar of Texas (Austin, TX (March 2012))
    
"Patent Misjoinder," Works-in-Progress Intellectual Property Colloquium, University of Houston Law Center (Houston, TX (February 2012))
    
"Patent Law and Your Career," Texas A&M University Mechanical Engineering Seminar (College Station, TX (November 2011))
    
"America Invents Act: Should You Forget Everything You Knew About Patent Law?," SMU Science and Technology Law Review (Dallas, TX (September 2011))
    
"Careers in Intellectual Property," SMU Intellectual Property Organization (Dallas, TX (September 2011))
    
"Misjoinder – The Next Battleground," Intellectual Property Scholars Conference, DePaul University College of Law (Chicago, IL (August 2011))
    
"Recent Developments in Copyright Law," Oklahoma Bar Association, Intellectual Property Law Section (Oklahoma City, OK (June 2010))
    
"The Federal Circuit & Computer Related Inventions," Dallas Bar Association, Comparable Law Section (Dallas, TX (March 2010))
    
"Traps in the FRAPS: Appellate Procedure for the IP Litigator," Dallas Bar Association, Intellectual Property Law Section (Dallas, TX (January 2007)) (with Samara Kline)

Other

Will High Court Change Burden of Proving Invalidity?, IP Law 360 (2008)
  • Cited in Tech. Licensing Corp. v. Videotek, Inc., 545 F.3d 1316, 1329 n.8 (Fed. Cir. 2008)
David Taylor On Patent Misjoinder, Written Description Patent & IP Blog (2012)

 Works in Progress

Patent Litigation Procedure After the America Invents Act (in progress)