» Samuel Ernst
Associate Professor

Dale E. Fowler School of Law
Samuel Ernst
Office Location:
Kennedy Hall 419
(714) 628-2657
University of California, Santa Cruz, Bachelor of Arts
University of California, Los Angeles, Master of Arts
Georgetown University, Juris Doctor

Professor Ernst’s scholarship focuses on patent law and he teaches in the areas of intellectual property, contracts, and civil litigation practice.  Prior to joining the Fowler School of Law in 2013, Professor Ernst was a partner at the international law firm of Covington & Burling in San Francisco, practicing intellectual property, commercial, and appellate litigation, while maintaining an active pro bono practice focusing on veterans disability recovery and homeless advocacy.  In 2010, Professor Ernst was recognized by the Federal Circuit Bar Association for his work on behalf of veterans.  In 2006 and 2008, he received a Certificate of Excellence from the Berkeley Food and Housing Project.  Prior to joining the Fowler School of Law Professor Ernst taught pre-trial civil litigation at the UC Berkeley School of Law.  Professor Ernst earned his JD Magna Cum Laude from Georgetown University Law Center.  He has a BA in Modern Literary Studies from UC Santa Cruz and an MA in Comparative Literature from UCLA.

Recent Creative, Scholarly Work and Publications
The Lost Precedent of the Reverse Doctrine of Equivalents, 18 Vanderbilt Journal of Entertainment & Technology Law 467 (2016)
Why Patent Exhaustion Should Liberate Products (And Not Just People), 93 Denver Law Review 897 (2016)
Protecting the Boundaries: Unclaimed Consideration in the Patentee's Social Contract, 18 TULANE JOURNAL OF TECHNOLOGY & INTELLECTUAL PROPERTY 1 (2015)
Introduction to the 2015 Chapman Law Review Symposium: Trolls or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value to Society?, 18 CHAPMAN LAW REVIEW 611 (2015)
Of Printer Cartridges and Patent Exhaustion: The En Banc Federal Circuit is Poised to Clarify Quanta, PATENTLY-O (Apr. 21, 2015)
The Federal Circuit's New "Authorized Acquirer" Restriction on Patent Exhaustion, PATENTLY-O (Feb. 16, 2015)
Patent Exhaustion for the Exhausted Defendant: Should Parties be Able to Contract Around Exhaustion in Settling Patent Litigation?, 2014 UNIVERSITY OF ILLINOIS JOURNAL OF LAW TECHNOLOGY & POLICY, 445 (2014) (peer reviewed).
Does the California Eraser Law Withstand Dormant Commerce Clause Scrutiny? Does it Do Any Good at All?, ORANGE COUNTY LAWYER, Vol 56, No. 7, July 2014, at 14.
The Honorable Timothy B. Dyk and Samuel F. Ernst, Patents, in BUSINESS AND COMMERCIAL LITIGATION IN THE FEDERAL COURTS, (West 3d ed. 2011) (Robert L. Haig, ed.) (annual supplements published for 2012-2013, 2013-2014, and 2014-2015).