• 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. 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. 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 is a Director of the Intellectual Property Law Section of the Dallas Bar Association (DBA). 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

    • Patent Law
      Contracts
      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
                       
      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
       
      PRACTITIONER-ORIENTED PRESENTATIONS
                       
      Supreme Court October 2014 Term
      Panelist, The Federalist Society – Fort Worth Lawyers Chapter, Fort Worth, Texas, July 2015
       
      An Epicenter Of Innovation: From a Pro-Entrepreneurial Environment to the USPTO and Experienced Courts, the Elements of Innovation Are Where?
      Panelist, Innovation Concatenation: Exploring the Cross Roads of Invention, Commercialization and the Rule of Law, The Center for American and International Law, Plano, Texas, June 2015
       
      Latest Update on Patent Reform
      Panelist, Dallas Bar Association and Dallas Asian American Bar Association, Dallas, Texas, June 2015
       
      Recent Developments in Intellectual Property Law
      Co-Presenter, 22nd Annual Corporate Counsel Symposium, SMU Dedman School of Law, Dallas, Texas, October 2014
       
      A Fireside Chat With the Chief Judge of the Federal Circuit
      Presenter, Eastern District of Texas 2014 Bench Bar Conference, Eastern District of Texas Bar Association, Plano, Texas, October 2014
       
      Joinders, Transfers, and Control of Patent Litigation
      Presenter, Institute on Intellectual Property Law, Houston Intellectual Property Law Association and University of Houston Law Center, Galveston, Texas, October 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, Texas, February 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, Texas, November 2013
       
      AIA: What Did We Achieve, What Are the Unintended Consequences, and What Still Needs to Be Done?
      Moderator of Panel Discussion, Advanced Practice under the America Invents Act, The Center for American and International Law, Dallas, Texas, April 2013
       
      To MDL or Not to MDL: Views from the Trenches
      Panelist, Patent Multidistrict Litigation in the Wake of the America Invents Act, State Bar of Texas and SMU Dedman School of Law, Dallas, Texas, November 2012
       
      Into the Future: What’s Ahead?
      Panelist, Eastern District Bench Bar Conference, Eastern District Bar Association, Plano, Texas, October 2012
       
      NPE Litigation Strategies
      Moderator of Panel Discussion, Institute on Intellectual Property Law, Houston Intellectual Property Law Association and University of Houston Law Center, Galveston, Texas, October 2012
       
      Joinder of Accused Infringers in Patent Infringement Litigation
      Presenter, Advanced Patent Litigation Course, State Bar of Texas, Irving, Texas, August 2012
       
      Target, The Eastern District of Texas
      Moderator of Panel Discussion, Symposium on Emerging Intellectual Property Issues: The America Invents Act, SMU Dedman School of Law, Dallas, Texas, April 2012
       
      The Ethics of the America Invents Act
      Presenter, Patent Workshop: Practicing Under the New Patent Laws, State Bar of Texas, Houston, Texas, March 2012
          
      Recent Developments in Copyright Law
      Presenter, Mid-Year Meeting, Oklahoma Bar Association, Intellectual Property Law Section, Irving, Texas, June 2010
          
      The Federal Circuit & Computer Related Inventions
      Presenter, Dallas Bar Association, Computer Law Section, Dallas, Texas, March 2010
          
      Traps in the FRAPS: Appellate Procedure for the IP Litigator
      Presenter (with Samara Kline), Dallas Bar Association, Intellectual Property Law Section, Dallas, Texas, January 2007
                 
      STUDENT-ORIENTED PRESENTATIONS
                       
      Community Fellows Panel Discussion
      Moderator of Panel Discussion, Bromberg Inn of Court, SMU Dedman School of Law, Dallas, Texas, September 2015
          
      Preparing for a Career in IP Law
      Panelist, SMU Office of Career Services, SMU Dedman School of Law, Dallas, Texas, September 2015
          
      First Year Professor Panel
      Panelist, Orientation, SMU Dedman School of Law, Dallas, Texas, August 2015
          
      Patent Bar Informational Panel
      Moderator of Panel Discussion, SMU Intellectual Property Organization, SMU Dedman School of Law, Dallas, Texas, November 2014
          
      Preparing for a Career in IP Law
      Panelist, SMU Intellectual Property Organization, SMU Dedman School of Law, Dallas, Texas, September 2014
          
      Keys to Success
      Presenter, Orientation, SMU Dedman School of Law, Dallas, Texas, August 2014
          
      Guidance to Legal Specialties: Course Planning and Positioning
      Presenter, Faculty Career Mentorship Program, SMU Dedman School of Law, Dallas, Texas, April 2014
          
      Patent Trolls
      Panelist, SMU Intellectual Property Organization, SMU Dedman School of Law, Dallas, Texas, March 2014
          
      Taking the Patent Bar
      Moderator of Panel Discussion, SMU Intellectual Property Organization, SMU Dedman School of Law, Dallas, Texas, February 2014
          
      Post-Graduation Judicial Clerkships: Nuts and Bolts
      Panelist, Clerkship Committee, SMU Dedman School of Law, Dallas, Texas, January 2014
          
      Guidance to Legal Specialties: Course Planning and Positioning
      Presenter, Faculty Career Mentorship Program, SMU Dedman School of Law, Dallas, Texas, November 2013
          
      The Patent Bar Exam – What You Need to Know
      Moderator of Panel Discussion, SMU Intellectual Property Organization, SMU Dedman School of Law, Dallas, Texas, April 2013
          
      Two Former Federal District Court Judges’ Views on Patent Law and Litigation
      Moderator of Panel Discussion, Patent Law, SMU Dedman School of Law, Dallas, Texas, March 2013
       
      What You Need to Know About Judicial Clerkships
      Panelist, Clerkship Committee, SMU Dedman School of Law, Dallas, Texas, February 2013
          
      Patent Law and Your Career
      Presenter, Mechanical Engineering Seminar, Texas A&M University, College Station, Texas, November 2012
       
      Careers in Intellectual Property Law: Start Here
      Panelist, SMU Office of Career Services, SMU Dedman School of Law, Dallas, Texas, September 2012
       
      Apple v. Samsung Verdict Debrief
      Panelist, SMU Science and Technology Law Review, SMU Dedman School of Law, Dallas, Texas, August 2012
       
      The Patent Bar Exam – What You Need to Know
      Moderator of Panel Discussion, SMU Intellectual Property Organization, SMU Dedman School of Law, Dallas, Texas, April 2012
          
      Patent Law and Your Career
      Presenter, Mechanical Engineering Seminar, Texas A&M University, College Station, Texas, November 2011
          
      America Invents Act: Should You Forget Everything You Knew About Patent Law?
      Panelist, SMU Science and Technology Law Review, SMU Dedman School of Law, Dallas, Texas, September 2011
          
      Careers in Intellectual Property
      Panelist, SMU Intellectual Property Organization, SMU Dedman School of Law, Dallas, Texas, September 2011
  • Media

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