Palo Alto, California
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.
(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)
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.
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
- Trade Secrets
- Intellectual Property Licensing
- Conducts Intellectual Property
- Development Process Audits
- Bar Admissions:
- U.S. District Court Northern District of California
- U.S. Court of Appeals 9th Circuit
- U.S. Court of Appeals Federal Circuit
- University of Chicago Law School, Chicago, Illinois,
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
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
- Professional Associations and Memberships:
- California State Bar, IP Section
- West Virginia State Bar
- IP Committee
- U.S. Supreme Court Bar
- Ninth Circuit Bar
- American Bar Association, IP Section
- American Association of Law Schools, Intellectual Property
- American Intellectual Property Law Association
- San Francisco Bay Area Intellectual Property Inns of Court, 2007
- 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