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MichaelV.Risch
Palo Alto, California
Of Counsel
phone 650-327-9800
fax 650-618-1863
email Email Me

Mr. Risch specializes in complex business litigation, with interests in copyrights and trade secrets, as well as other intellectual property matters. In addition, Mr. Risch handles intellectual property licensing and conducts intellectual property and development process audits.

Mr. Risch is Of Counsel at ComputerLaw Group, LLP, and Associate Professor at Villanova University School of Law. Prior to his professorship, Mr. Risch was an Olin Fellow in Law at Stanford Law School.

Publications:

(citations hyperlinked to SSRN where available: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=582820)

Patent Troll Myths, 42 Seton Hall L. Rev. (forthcoming 2012)

An Empirical Look at Trade Secret Law's Shift from Common to Statutory Law, INTELLECTUAL PROPERTY AND THE COMMON LAW (Shyam Balganesh, ed., forthcoming chapter 2012)

IP and Entrepreneurship in an Evolving Economy: A Case Study, ENTREPRENEURSHIP AND INNOVATION IN EVOLVING ECONOMIES: THE ROLE OF LAW (Megan Carpenter, ed., forthcoming chapter 2012)

A Surprisingly Useful Requirement, 19 George Mason L. Rev. (forthcoming 2011)

Life After Bilski, 63 Stan. L. Rev. 1315 (2011), with Mark Lemley, Ted Sichelman, and R. Polk Wagner

Trade Secret Law and Information Development Incentives, RESEARCH HANDBOOK ON INTELLECTUAL PROPERTY AND TRADE SECRECY (Rochelle Cooper Dreyfuss and Katherine Strandburg, eds., 2011)

A Failure of Uniform Laws?, 159 U. Pa. L. Rev. PENNumbra 1 (2010)

Reinventing Usefulness, 2010 BYU L.J. 1195, reviewed in John F. Duffy, Patent Utility Reduxit, JOTWELL (May 5, 2010), http://ip.jotwell.com/patent-utility-reduxit/

Forward to the Past, 2009-2010 Cato Supreme Court Review 333 (2010), reprinted in PATENT LAW REVIEW 2011 (ThomsonWest, forthcoming 2011)

A Brief Defense of the Written Description Requirement, 119 Yale L.J. Online 127 (2010), reprinted in PATENT LAW REVIEW 2011 (ThomsonWest, forthcoming 2011)

Patent Challenges and Royalty Inflation, 85 Indiana L.J. 1003 (2010)

Virtual Rule of Law, 112 W. Va. L. Rev. 1 (2009 symposium issue)

Virtual Third Parties, 25 Santa Clara Computer & High Tech. L.J. 415 (2009), reprinted in VIRTUAL WORLD – A LEGAL ANALYSIS (Amicus Books 2010), reviewed in James Grimmelmann, Third Parties to the Rescue, JOTWELL (Nov. 9, 2009), http://cyber.jotwell.com/17/

Comments on Trade Secrets in High Velocity Labor Markets, 12 Emp. Rights and Emp't Pol. J. 339 (2009)

Everything is Patentable, 75 Tenn. L. Rev. 591 (2008)

The Failure of Public Notice in Patent Prosecution, 21 Harv. J. L. & Tech. 179 (2007)

Why Do We Have Trade Secrets?, 11Marquette Int. Prop. L. Rev. 1 (2007)

How Can Whelan v. Jaslow and Lotus v. Borland Both be Right? Re-Examining the Economics of Computer Software Reuse, 17 J. Marshall J. Comp. & Info. Law 511 (1999)

Virtual Reality - A Legal Overview, with Jack Russo (chapter in Computer Software treatise by Clark Boardman Callaghan) (1995).

Other Relevant Experience:

7/98-present Russo & Hale LLP/Computer Law Group, Palo Alto, California.
Of Counsel (June 2006-), Partner (2003-2006), Associate (1998-2002). Advanced practice in intellectual property and complex business litigation, including trial; arbitration; appeals; motion practice; mediation; discovery; ADR neutral; intellectual property protection, auditing, and risk analysis; licensing negotiation and drafting.

3/93-present Owner/Consultant, Risch Consulting.
Consulting business in computer software and hardware design, installation, and support. Published commercial encryption program for popular electronic mail program. Developed law firm web portal and provided support to other programmers.

Other Writings:

Madisonian Blog, contributor, http://www.madisonian.net (Dec. 2010 – present)

Prawfsblawg, guest contributor, http://prawfsblawg.blogs.com (Oct. 2008, June 2009, Nov. 2009, June 2010, Nov. 2010)

The Valley Current Blog (Computerlaw Group LLP practitioner newsletter), contributor, http://valleycurrent.blogspot.com/ (Sept. 2010-present)

Response to U.S. Patent and Trademark Office Request for Comments Regarding Patent Quality (March 1, 2010)

Amicus Curiae Brief of 20 Law and Business Professors in Support of Neither Party: Bilski v. Kappos, No. 08-964 in the Supreme Court of the United States (Aug. 6, 2009), with Mark A. Lemley, Ted Sichelman, R. Polk Wagner.

"The Idea's the Thing," Legal Times (May 12, 2008) (Op-Ed re patentable subject matter).

Amicus Curiae Brief of 22 Law and Business Professors in Support of Appellants: In Re Bernard L. Bilski and Rand A. Warsaw, No. 08/833, 892 in the United States Court of Appeals for the Federal Circuit (April 7, 2008), with John Allison, Mark A. Lemley, R. Polk Wagner.

Intellectual Property Law Updates, editor, for National Business Institute seminar (2008).

Advanced Programming for Novell Groupwise (technical manual), with three others, for Novell, Inc. (2002).

Law of the Internet in California, with Jack Russo and John Kelley, for National Business Institute seminar (2001).

"Copyright Protection for Virtual Realities: Brave New World Emerges," with Jack Russo, National Law Journal (October 17, 1994).

Federal Anti-Poverty Job Training: Problems in the Past and Hope for the Future. Public Policy Departmental Honors Thesis (1992).

Juvenile Crime in San Mateo County: 1989 Report, for Criminal Justice Council of San Mateo County (1990).

Areas of Practice:
Complex Business Litigation
Copyrights
Trade Secrets
Intellectual Property Licensing
Conducts Intellectual Property
Development Process Audits
Bar Admissions:
California
U.S. District Court Northern District of California
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals Federal Circuit
Education:
University of Chicago Law School, Chicago, Illinois, June, 1998
J.D.
Honors:With High Honors
Honors:Olin Student Fellow in Law and Economics
Honors:Bradley Student Fellow in Law and Economics
Honors:Order of the Coif


Stanford University
A.B.
Honors:With Honors and Distinction in Public Policy
Honors:With Distinction in Quantitative Economics
Honors:Received Official National Merit Scholarship


Classes/Seminars Taught:
Patent Troll Myths, IP Scholars Conference (August), 2011


An Empirical Look at Trade Secret Law's Shift from Common to Statutory Law, Villanova Law School Junior Faculty Workshop (June), 2011


An Empirical Look at Trade Secret Law's Shift from Common to Statutory Law, Penn. Law Colloquium on the IP and Common Law, (May), 2011


IP and Entrepreneurship in an Evolving Economy: A Case Study, Texas Wesleyan Colloquium on The Role of Law in an Evolving Economy (April), 2011


Patent Troll Myths, Cyberlaw Collquium (hosted by Rutgers Camden), February, 2011


Life After Bilski, Practicing Law Institute, 5th Annual Patent Law Institute, February, 2011


Life After Bilski, Moderator, Stanford Law Review symposium (Co-Author Presented Paper), January, 2011


New Uses for Patent Utility, Saint Louis University School Faculty Workshop, November, 2010


Bilski v. Kappos, Indiana University (Indianapolis) College of Law, October, 2010


Bilski v. Kappos, Ohio State University College of Law, October, 2010


Bilski v. Kappos, Indiana University College of Law, October, 2010


Panel Chair, Law and Literature Symposium, Villanova University School of Law, October, 2010


New Uses for Patent Utility, University of Missouri Law School Faculty Workshop, September, 2010


New Uses for Patent Utility, IP Scholars Conference, August, 2010


New Uses for Patent Utility, Villanova Junior Faculty Workshop, June, 2010


Empirical Study of Litigious Non-Practicing Entities, Law & Society Conference, May, 2010


A Failure of Public Notice?, Hamline Law Review Symposium on the Uniform Trade Secrets Act, April, 2010


Bilski and Software Patents, Memphis Law School, April, 2009


Patent Challenges and Royalty Inflation, Villanova University School of Law, Jan., 2010


Patent Challenges and Royalty Inflation, DePaul University School of Law, Dec., 2009


Updates in Intellectual Property Law, WV CLE presentation, Oct., 2009


Patent Utility as a Policy Lever, Santa Clara Work-in-Progress Roundtable, Sept., 2009


Patent Challenges and Royalty Inflation, University of Utah College of Law, Sept., 2009


Patent Challenges and Royalty Inflation, IP Scholars Conference, Aug., 2009


Patentable Subject Matter after Bilski, SEALS conference, Aug., 2009


Entrepreneurship Law Clinic, WV Biometrics Initiative Forum, June, 2009


Patentable Subject Matter, George Washington University conference on Patents and Entrepreneurship in Business and Information Technologies, Invited Commentator, June, 2009


Entrepreneurship Law Clinic, Eastern Panhandle Entrepreneurship Forum, June, 2009


Virtual Rule of Law, Digital Entrepreneurship Symposium, WVU College of Law, Mar., 2009


Trade Secret Law and Information Development Incentives, NYU Law School, Feb., 2009


Entrepreneurship Law Clinic, WV Cheat Lake Rotary Club, Dec., 2008


Everything is Patentable, Bauer Lecture Series workshop, Cardozo Law School, Nov., 2008


Entrepreneurship Law Clinic, WV Young Entrepreneur Support Network, Nov., 2008


Work/Life Balance, Panel Speaker, WVU College of Law, Oct., 2008


Cyberlaw Update: How the Law is Changing, WV CLE Presentation, Oct., 2008


Understanding the Current Financial Crisis, Panel Speaker, WVU College of Law, Oct., 2008


Virtual Third Parties, Faculty Colloquia, WVU College of Law, Sept., 2008


West Virginia Computer Crimes, WV Homeland Security Summit, June, 2008


Everything is Patentable, Faculty Colloquia, WVU College of Law, Feb., 2008


Orientation Address, High School Minority Law Day, WVU College of Law, Feb., 2008


Trade Secrets in High Velocity Labor Markets, AALS Conferences, Section of Law & Economics, Invited Commentator, January, 2008


Everything is Patentable, WIPIP Conference, American U. Law School, Sept., 2007


Everything is Patentable, IP Scholars Conference, DePaul Law School, August, 2007


"What If's" Conference, Michigan State University, Conference Fellow, March, 2007


Trade Secret Roundtable, Berkeley Center for Law & Technology, Invited Participant, October, 2006


Why Do We Have Trade Secrets?, Santa Clara University Law School, October, 2006


American Inns of Court, Bay Area Intellectual Property, 1998 - 2007


Law of the Internet, National Business Institute, 2001


New Legal Problems for the Internet Age, Alameda County Bar Association Intellectual Property & Computer Law Committee, 2001


Wireless Law Offices, TechLaw Institute, 2001


Economics of Copyright and Computer Software, Santa Clara University Law School, 2000


Cyberspace Law School, Co-presented trade secret session for Glasser Legal Works, 2000 - 2001


Associate Professor, Patent Law, Cyberlaw, IP Survey, Villanova University School of Law


Associate Professor of Law and Project Director- Entrepreneurship, Innovation and Law Program, West Virginia University College of Law


Honors and Awards:
National fellowship, Olin Fellow in Law, Stanford Law School.


Professional Associations and Memberships:
California State Bar, IP Section


West Virginia State Bar
IP Committee


U.S. Supreme Court Bar


Ninth Circuit Bar
Member


American Bar Association, IP Section
Member


American Association of Law Schools, Intellectual Property
Member


American Intellectual Property Law Association
Member


San Francisco Bay Area Intellectual Property Inns of Court, 2007
Member


Stanford Intellectual Property Litigation Clearinghouse
Member, Trade Secrets Working Group Public Justice


Past Employment Positions:
West Virginia University College of Law, Associate Professor


Russo & Hale LLP, Of Counsel, 2006, Of Counsel, 2006 - 2009


Russo & Hale LLP, Partner, 2003 - 2006


Russo & Hale LLP, Associate, 1998 - 2002


Jack Russo Super Lawyers Seriously Outstanding only 5% selected each year

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