Hieken Visiting Professor in Patent Law
Ted Sichelman is a Professor of Law at the University of San Diego, where he is also Director of the Center for Intellectual Property Law & Markets and Executive Director of the Center for Computation, Mathematics, and the Law. He teaches and writes in the areas of patent law, intellectual property, law and entrepreneurship, empirical legal studies, law and economics, and law and artificial intelligence. His current research efforts explore the nature of intellectual property in the era of “big data,” the history of patent law, the effects of non-competition agreements on innovation, intellectual property law theory, the use of trade secrets by startups, and mathematical and logical models for legal artificial intelligence systems.
Professor Sichelman's works have been or will be published in the Stanford Law Review, Northwestern University Law Review, Texas Law Review, Journal of Empirical Legal Studies, Harvard Journal of Law & Technology, Berkeley Technology Law Journal, and many other journals and books. Professor Sichelman’s publications have been highly cited. As of May 2016, his articles include the 6th-most cited law journal article published in 2011 (Life After Bilski), the 12th most-cited law journal article published in 2010 (Commercializing Patents), and the 21st most-cited law journal article published in 2009 (High Technology Entrepreneurs and the Patent System) (according to HeinOnline). As of April 2016, his articles Commercializing Patents and Life After Bilski are the first and second most-cited of all intellectual property law articles published since 2010 (according to HeinOnline). Life After Bilski has also been cited by the U.S. Supreme Court (Mayo v. Prometheus (2012)) and over 20 other judicial opinions.
Professor Sichelman has participated in a number of U.S. Supreme Court cases, including playing a substantial role in a win for an injured employee in MetLife v. Glenn (2008); drafting an amicus brief in the patent case, Bilski v. Kappos (2010), in which the court largely adopted the recommendations and reasoning of the brief; and drafting an amicus brief in Global-Tech v. SEB (2011), a patent case involving the scope of indirect infringement. In 2011, he worked with the office of U.S. Representative Zoe Lofgren to draft proposed language for the recently passed America Invents Act, the most substantial revision to the Patent Act since 1952. In 2012, he served on the Lieutenant Governor of California’s task force to place a satellite office of the U.S. Patent & Trademark Office in California.
Professor Sichelman earned an undergraduate degree in the History of Philosophy of Science, with distinction, from Stanford University and a Master’s degree in Physics from Florida State University. He founded and ran a venture capital-backed software and services company, Unified Dispatch, which was later acquired by a publicly traded company. Professor Sichelman designed the company’s software and is a named inventor on several issued and filed patents and applications. After graduating from Harvard Law School, magna cum laude, he clerked for the Honorable A. Wallace Tashima of the U.S. Court of Appeals for the Ninth Circuit. He practiced in the areas of intellectual property litigation and appeals at the law firms of Heller Ehrman and Irell & Manella. In 2008 and 2009, he was a Ewing Marion Kauffman Foundation Fellow at the UC Berkeley School of Law.