• Full-Time Faculty
  • David O. Taylor

  • Co-Director of the Tsai Center for Law, Science and Innovation and Associate Professor of Law

"The Supreme Court’s treatment of patent eligibility has created a moment not unlike 1952, when Congress amended the patent statute to overturn the Supreme Court’s so-called ‘invention’ requirement."

  • fulltime Faculty
  • David O. Taylor

  • Co-Director of the Tsai Center for Law, Science and Innovation and Associate Professor of Law

"The Supreme Court’s treatment of patent eligibility has created a moment not unlike 1952, when Congress amended the patent statute to overturn the Supreme Court’s so-called ‘invention’ requirement."

David O. Taylor

Co-Director of the Tsai Center for Law, Science and Innovation and Associate Professor of Law

  • Biography

    • David O. Taylor is an Associate Professor at the SMU Dedman School of Law in Dallas, Texas. He also founded and currently serves as a Co-Director of the school’s Tsai Center for Law, Science and Innovation.
       
      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 current Chief Judge of the U.S. Court of Appeals for the Federal Circuit, the Honorable Sharon Prost. A registered patent attorney, Professor Taylor also worked for seven years 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. During this time he also assisted with several 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.
       
      At SMU, 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 has published articles in various journals, including the Connecticut Law ReviewGeorgia Law Review, New York University Law Review, and in an assortment of intellectual property specialty journals. His publications have been cited by the U.S. Court of Appeals for the Federal Circuit and various district courts. A frequent speaker, he has made academic presentations at law schools across the United States, including Boston College, California Berkeley, Cardozo, Chicago-Kent, DePaul, Houston, Kansas, San Diego, Stanford, and Texas, and internationally in Chongqing, China; Ho Chi Minh City, Vietnam; and Taipei, Taiwan. He also is a regular speaker at continuing legal education (CLE) events. In addition to these activities, Professor Taylor has organized numerous symposia and conferences, helped launch SMU’s Patent and Trademark Clinics, and helped draft the proposal to secure the funding to launch the Tsai Center for Law, Science and Innovation. He serves on several law school committees and is an advisor to both the SMU Science and Technology Law Review and The International Lawyer. Professor Taylor also serves as an advisor to the law school's chapter of the Federalist Society. SMU granted Professor Taylor tenure in 2016.
       
      Professor Taylor serves in various leadership positions. He is a member of the Advisory Council for the U.S. Court of Appeals for the Federal Circuit. He serves on the Executive Board of the Institute for Law and Technology at the Center for American and International Law. He also is currently the Reporter for the Patentable Subject Matter Task Force of the American Intellectual Property Law Association (AIPLA), and he serves as a member of the AIPLA's Amicus Committee. He is a Director of the Intellectual Property Law Section of the Dallas Bar Association (DBA), and he previously served as the Chair of the Computer Law Section of the DBA. In addition to these leadership activities, Professor Taylor has served as an expert and consultant in various intellectual property disputes.
       
      He has received several accolades. Professor Taylor is the recipient of a Thomas Edison Innovation Fellowship from the Center for the Protection of Intellectual Property at the George Mason University Antonin Scalia Law School. He has also been named a founding Barrister of the Honorable Barbara M.G. Lynn American Inn of Court, an Honorary Barrister of the SMU Dedman School of Law Board of Advocates, and an Outstanding Graduate of the Irving Independent School District. In addition to these awards, he has received numerous research and course development grants.
       
      Outside of his work in the field of intellectual property law, Professor Taylor has engaged in public service with diverse groups including Advocates for Community Transformation, Texas Scottish Rite Hospital for Children, and the Veterans Consortium Pro Bono Program.

      Professor Taylor is married. Together with his wife Rachel, he enjoys spending time with his three children: Caroline, Emily, and Joshua.
       
  • Areas of Expertise

    • Patent Law
      Patent Litigation
      Federal Civil Procedure
      Appellate Advocacy
      Contract Law
  • Education

    • B.S. in Mechanical Engineering, magna cum laude, Texas A&M University
      J.D., cum laude, Harvard Law School
  • Courses

    • Contracts
      Patent Law
      Patent Law and Institutional Choice
      Selected Topics in Intellectual Property

       
  • Other Publications

    • David Taylor on Patent Misjoinder
      Written Description Patent & IP Blog (2012)
       
      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)
       
  • Presentations

    • ACADEMIC PRESENTATIONS

      The U.S. Supreme Court’s Revolution in Patent Eligibility Law: Alternative Protections for Biotechnology
      Presenter, International Conference on New Paradigms of Law, National Chengchi University, Taipei, Taiwan, December 2017
       
      The Impact of the Supreme Court’s Eligibility Decisions on Investment in Research and Development
      Presenter, Intellectual Property Scholars Conference, Yeshiva University Cardozo School of Law, New York, New York, August 2017
       
      Confronting the Patentable Subject Matter Problem
      Panelist, Fourth Annual CPIP Summer Institute, Center for the Protection of Intellectual Property, George Mason University Antonin Scalia Law School, Beaver Creek, Colorado, July 2017
       
      Intellectual Property and Trade: The Role of Patents
      Presenter, Symposium on Intellectual Property and Trade: Law and Practical Experiences, Vietnamese National University – University of Economics and Law, Ho Chi Minh City, Vietnam, December 2016
       
      Patents and Improved Healthcare: Incentive or Obstacle?
      Moderator of Panel Discussion, Symposium on Emerging Intellectual Property Issues: Intellectual Property and Social Justice, SMU Dedman School of Law, Dallas, Texas, September 2016

      The Impact of the Supreme Court’s Eligibility Decisions on Investment in Research and Development
      Presenter, Intellectual Property Scholars Conference, Stanford Law School, Palo Alto, California, August 2016
       
      Comments on Dmitri Karshtedt’s “Photocopies, Patents, and Knowledge Transfer: The Uneasy Case of Justice Breyer’s Patentable Subject Matter Jurisprudence” 
      Commentator, Patent Conference 6 (PatCon6), Boston College Law School, Newton, Massachusetts, April 2016
       
      Comments on Norman Siebrasse’s “Bottom-Up and Top-Down Approaches to FRAND Royalty Determinations” 
      Commentator, Patent Conference 6 (PatCon6), Boston College Law School, Newton, Massachusetts, April 2016
                      
      Amending Patent Eligibility
      Presenter, Intellectual Property Scholars Conference, DePaul University College of Law, Chicago, Illinois, August 2015
       
      Amending Patent Eligibility
      Presenter, Patent Conference 5 (PatCon5), University of Kansas School of Law, Lawrence, Kansas, April 2015
       
      Reforming Patent Doctrines: The Supreme Court and Its Role in the Process
      Moderator of Panel Discussion, Symposium on Emerging Intellectual Property Issues: The Supreme Court and Intellectual Property Law, SMU Dedman School of Law, Dallas, Texas, October 2014
       
      Patent Litigation Procedure After the America Invents Act
      Presenter, Intellectual Property Scholars Conference, University of California, Berkeley, School of Law, Berkeley, California, August 2014
       
      Using Reasonable Royalties to Value Patented Technology
      Presenter, Patent Conference 4 (PatCon4), University of San Diego School of Law, San Diego, California, April 2014
       
      Formalism and Antiformalism in Patent Law Adjudication:
      Precedent and Policy

      Presenter, Intellectual Property Scholars Conference, Yeshiva University Cardozo School of Law, New York, New York, August 2013
       
      Formalism and Antiformalism in Patent Law Adjudication:
      Rules and Standards

      Presenter, Patent Conference 3 (PatCon3), Illinois Institute of Technology Chicago-Kent College of Law, Chicago, Illinois, April 2013
       
      Institutional Roles: The Federal Circuit and the Supreme Court
      Moderator of Panel Discussion, Symposium on Emerging Intellectual Property Issues: The Federal Circuit and Patent Law, SMU Dedman School of Law, Dallas, Texas, March 2013
       
      Contentions and Fact Discovery
      Presenter, Conference on Sino-U.S. Patent Litigation Procedures, SMU Dedman School of Law and Southwest University of Political Science and Law, Chongqing, China, December 2012
       
      Expert Witnesses and Expert Discovery
      Presenter, Conference on Sino-U.S. Patent Litigation Procedures, SMU Dedman School of Law and Southwest University of Political Science and Law, Chongqing, China, December 2012
       
      The Federal Circuit: Standing in the Breach
      Presenter, Intellectual Property Scholars Conference, Stanford Law School, Palo Alto, California, August 2012
       
      Patent Misjoinder
      Presenter, Works-in-Progress Intellectual Property Colloquium, University of Houston Law Center, Houston, Texas, February 2012
          
      Misjoinder – The Next Battleground
      Presenter, Intellectual Property Scholars Conference, DePaul University College of Law, Chicago, Illinois, August 2011

       
  • Media

    • The Supreme Court Decision that’s Shaking Up Biotech
      STAT (2016)
       
      Shimabuku to Run USPTO’s Dallas Office

      The Texas Lawbook (2015)

      Apple Still Top IP Target, But Pharma Takes More Fire
      IP Law360 (2015)
       
      IP Professors Q&A: Dedman’s David Taylor
      IP Law360 (2014)