Professor of Law
Director, Center for Intellectual Property Law & Markets
Founder & Director, Center for Computation, Mathematics, and the Law
Founder & Director, Technology Entrepreneurship and Intellectual Property Clinic
- JD, 1999, Harvard University
- MS, 1996, Florida State University
- AB, 1992, Stanford University
Areas of Expertise
Professor Sichelman teaches and writes in the areas of patent law, intellectual property, law and entrepreneurship, empirical legal studies, law and economics, and computational legal studies. His current research efforts explore intellectual property law theory, the history of the patent system, the effects of non-competition agreements on innovation, the use of trade secrets by startups, the effects of patent litigation on the macroeconomy, the role of intellectual property law for “big data,” and mathematical and logical models for legal artificial intelligence systems.
After graduating from Harvard Law School, Sichelman 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 transactions, as well as appeals, at the law firms of Heller Ehrman and Irell & Manella. In 2008 and 2009, he was a Kauffman Foundation Fellow at the University of California, Berkeley (Boalt Hall) School of Law.
Sichelman has participated in a number of important U.S. Supreme Court cases, including playing a substantial role in a win for an injured employee in MetLife v. Glenn (2008); co-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 submitting 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 Representative Zoe Loefgren to draft proposed language for the recently passed America Invents Act, the most substantial revision to the Patent Act since 1952. In 2012, Sichelman served on the Lieutenant Governor of California’s task force to place a satellite office of the U.S. Patent & Trademark Office in California.
Before practicing law, Sichelman founded and ran a venture-backed software company, which was later acquired. Sichelman designed the company’s software and is a named inventor on several issued and filed patents and applications. He joined the USD School of Law faculty in 2009.
Honors and Affiliations
Sichelman was awarded a University Professorship in 2015 and was named as a Herzog Endowed Scholar in 2012. He is also a winner of the 2011 Stanford-Samsung Essay Contest on Patent Damages. Sichelman is licensed to practice law in the State of California and is a member of the American Bar Association, California Bar Association, Federal Circuit Bar Association, American Law & Economics Association, Society for Empirical Legal Studies, and the Patent & Trademark Office Society.
Sichelman's publications include “Do Economic Downturns Dampen Patent Litigation? ” in 12 Journal of Empirical Legal Studies 481 (with Marco, and Miller) (2015); “Purging Patent Law of 'Private Law' Remedies” in 92 Texas Law Review 516 (2014); “The Vonage Trilogy: A Case Study in 'Patent Bullying'” in 90 Notre Dame Law Review 543 (2014); “Enforcement as Substance in Tax Compliance” in 70 Washington and Lee Law Review 1679 (with Lederman) (2013); “Patents as Promoters of Competition: The Guild Origins of Patent Law in the Venetian Republic” in 49 San Diego Law Review 1267 (with O'Connor) (2012); “Life After Bilski” in 63 Stanford Law Review 1315 (with Lemley, Wagner, and Risch) (2011); “Commercializing Patents” in 62 Stanford Law Review 341 (2010); “Patenting by Entrepreneurs: An Empirical Study” in 17 Michigan Telecommunications & Technology Law Review 111 (with Graham) (2010); and “High Technology Entrepreneurs and the Patent System: Results of the 2008 Berkeley Patent Survey” in 24 Berkeley Technology Law Journal 255 (2009).