Colleen V. Chien
{{Short description|American attorney and academic}}
{{Infobox academic
| name = Colleen V. Chien
| image = Colleen V. Chien (cropped).jpg
| caption = Chien in 2019
| birth_date = {{birth date and age|1973|9|10}}
| birth_place = Hartford, Connecticut, U.S.
| education = Stanford University (BS, BA)
University of California, Berkeley (JD)
| workplaces = Fenwick & West
Santa Clara University
University of California, Berkeley
| occupation =
}}
Colleen V. Chien (born September 10, 1973) is an Asian-American legal scholar who is a law professor at UC Berkeley School of Law, where she teaches, mentors students, and conducts cross-disciplinary research on innovation, intellectual property, and the criminal justice system, with a focus on how technology, data, and innovation can be harnessed to achieve their potential for social benefit. Her recent works focus on the use of artificial intelligence in legal practice.{{Cite news |title=AI can narrow justice gap, but women lawyers slower to adopt it, Berkeley study shows |url=https://www.reuters.com/legal/transactional/ai-can-narrow-justice-gap-women-lawyers-slower-adopt-it-berkeley-study-shows-2024-03-21/ |archive-url=http://web.archive.org/web/20240502084733/https://www.reuters.com/legal/transactional/ai-can-narrow-justice-gap-women-lawyers-slower-adopt-it-berkeley-study-shows-2024-03-21/ |archive-date=2024-05-02 |work=Reuters |language=en-US}}
Education and career
Chien was born in Hartford, Connecticut, to immigrant parents Ronald Jen-Min Chien and Patsy Feng Chien from Taiwan.{{cite web |url=http://www.worldjournal.com/4861400/article-%E8%8F%AF%E8%A3%94%E9%8C%A2%E7%82%BA%E5%BE%B7-%E7%8D%B2%E5%B9%B4%E8%BC%95%E5%AD%B8%E8%80%85%E7%8D%8E/ |title=華裔錢為德 獲年輕學者獎 |trans-title=Chinese American Qian Weide won the Young Scholar Award |first=Wang |last=Shanyan |website=www.worldjournal.com |date=4 March 2017 |language=zh |url-status=dead |archive-url=https://web.archive.org/web/20170521203008/http://www.worldjournal.com/4861400/article-%E8%8F%AF%E8%A3%94%E9%8C%A2%E7%82%BA%E5%BE%B7-%E7%8D%B2%E5%B9%B4%E8%BC%95%E5%AD%B8%E8%80%85%E7%8D%8E/ |archive-date=21 May 2017 |access-date=10 May 2017 }} She studied at Paradise Canyon Elementary School in La Cañada Flintridge, California followed by the Polytechnic School in Pasadena.{{Cite web |date=2013-09-25 |title=La Cañada woman starts White House job |url=https://www.latimes.com/socal/la-canada-valley-sun/news/tn-vsl-xpm-2013-09-25-tsn-vsl-la-canada-woman-starts-white-house-job-20130925-story.html |website=La Cañada Valley Sun |language=en-US}} She then attended Stanford University and earned Bachelor of Arts and Bachelor of Science degrees in engineering there in 1996. Chien was an investigative journalist with the Philippine Center for Investigative Journalism as a Fulbright Scholar in 1997 before working as an analyst at Dean & Company until 1999. She studied at UC Berkeley School of Law from 1999 and obtained her J.D. in 2002.{{Cite web |title=Colleen V. Chien |url=https://www.law.berkeley.edu/our-faculty/faculty-profiles/colleen-chien/ |access-date=2023-08-23 |website=UC Berkeley School of Law |language=en-US}}
From 2002 to 2012, Chien worked as an attorney at the Silicon Valley law firm Fenwick & West. From 2013 to 2015, Chien served as a senior advisor for intellectual property and innovation to Todd Park, the U.S. chief technology officer, in the White House's Office of Science and Technology Policy (OSTP).{{Cite web |last=cdaniel |title=Santa Clara Law Prof. Colleen Chien Joins White House Office of Science and Technology Policy |url=https://law.scu.edu/news/santa-clara-law-prof-colleen-chien-joins-white-house-office-of-science-and-technology-policy/ |website=Santa Clara Law |language=en-US}} In that role, her projects included transferring green technology out of the federal government,{{Cite web|url=https://obamawhitehouse.archives.gov/blog/2014/06/17/accelerating-green-technology-transfer-impact-american-lives|title = Accelerating Green Technology Transfer to Impact American Lives|date = 17 June 2014}} using technology to improve education outcomes,{{Cite web|url=https://obamawhitehouse.archives.gov/blog/2014/09/23/paying-success-transform-learning|title = Paying for Success to Transform Learning|date = 23 September 2014}} making more federal government data available,{{Cite web|url=https://obamawhitehouse.archives.gov/blog/2014/05/29/white-house-hosts-open-data-licensing-jam|title = White House Hosts Open Data Licensing Jam|date = 29 May 2014}} open education resources,{{Cite web|url=https://obamawhitehouse.archives.gov/blog/2014/03/14/expanding-opportunity-through-open-educational-resources|title = Expanding Opportunity through Open Educational Resources|date = 14 March 2014}} and technology cooperation with China.{{Cite web|url=https://obamawhitehouse.archives.gov/blog/2014/08/13/outcomes-fifth-us-china-innovation-dialogue|title=Outcomes of the Fifth US-China Innovation Dialogue|date=13 August 2014}}
Chien was a professor of law from 2007 to 2023 at Santa Clara University and was a visiting professor at Columbia Law School and University of Chicago Law School in 2019. In winter 2020, she was in the Transition Team during the Presidential transition of Joe Biden. Since 2023, Chien was a professor of law at UC Berkeley School of Law.[https://www.law.berkeley.edu/library/resources/cvs/Chien.pdf Colleen Chien Biography], UC Berkeley School of Law
Work and scholarship
Chien is best known for her patent scholarship, especially her work on patent "trolls" or patent assertion entities (PAEs). She coined the term PAE in a 2010 law review article,[https://ssrn.com/abstract=1703557 From Arms Race to Marketplace: The New Complex Patent Ecosystem and Its Implications for the Patent System], Hastings Law Journal, Vol. 62, p. 297, December 2010 and many lawmakers subsequently adopted the term.[http://www.ftc.gov/opp/workshops/pae/ FTC-DOJ “Patent Assertion Entities” Workshop], December 10, 2012; Executive Office of the President, [https://obamawhitehouse.archives.gov/sites/default/files/docs/patent_report.pdf Patent Assertion and U.S. Innovation White Paper], June 2013; Leahy-Smith America Invents Act, 35 U.S. Code, sec. 34 (2012). She has published empirical studies on how patent litigation impacts startups[https://ssrn.com/abstract=2146251 Startups and Patent Trolls], Stanford Technology Law Review (2013) and venture capitalists,[http://newamerica.net/sites/newamerica.net/files/policydocs/Patent%20Assertion%20and%20Startup%20Innovation.pdf Patent Assertion and Startup Innovation] {{Webarchive|url=https://web.archive.org/web/20131008040240/http://newamerica.net/sites/newamerica.net/files/policydocs/Patent%20Assertion%20and%20Startup%20Innovation.pdf |date=2013-10-08 }}, New America Foundation, Sept. 2013 and she has been a vocal proponent of reforming the patent system.Colleen Chien and Mark Lemley, [https://www.nytimes.com/2011/12/13/opinion/patents-smartphones-and-the-public-interest.html Patents and the Public Interest], New York Times, December 13, 2011; Randall Rader, Colleen Chien and David Hricik, [https://www.nytimes.com/2013/06/05/opinion/make-patent-trolls-pay-in-court.html Make Patent Trolls Pay in Court], New York Times, June 4, 2013.
Chien founded the Paper Prisons Initiative,{{Cite web |url=https://www.paperprisons.org/ |title=The Paper Prisons Initiative |website=www.paperprisons.org}} which draws attention to the tens of millions of Americans unable to access employment, housing, voting, and resentencing opportunities available under the law, due to their past involvement with the criminal justice system. This project is based on her 2020 Michigan Law Review paper, America's Paper Prisons: The Second Chance Gap.Colleen V. Chien, America's Paper Prisons: The Second Chance Gap, 119 Mich. L. Rev. 519 (2020); see also Colleen Chien, Zuyan Huang, Jacob Kuykendall, and Katie Rabago, The Washington State Second Chance Expungement Gap (2020), Available at: https://digitalcommons.law.scu.edu/facpubs/971
Chien has also worked on patent quality issues,Colleen V. Chien, Rigorous Policy Pilots: Experimentation in the Administration of Patent Law, 104 Iowa L. Rev. 2313 (2019); Rigorous Policy Pilots the USPTO Could Try, 104 Iowa L. Rev. Online 1 (2019) including testifying before the Senate Judiciary Committee.{{Cite web|url=https://www.judiciary.senate.gov/download/chien-testimony|title=United States Senate Committee on the Judiciary|website=www.judiciary.senate.gov}}
In 2020, Chien was named a volunteer member of the Joe Biden presidential transition Agency Review Team to support transition efforts related to the Department of Commerce.{{cite web |title=Agency Review Teams |url=https://buildbackbetter.com/the-transition/agency-review-teams/ |website=President-Elect Joe Biden |access-date=10 November 2020 |archive-date=28 August 2022 |archive-url=https://web.archive.org/web/20220828180800/https://www.whitehouse.gov/ |url-status=dead }}
Other activism projects she has been involved with include ActLocal{{Cite web |url=https://www.actlocal.network/about |archive-url=https://web.archive.org/web/20201007222923/https://www.actlocal.network/about |archive-date=2020-10-07 |title=About |website=www.actlocal.network}} and Wall of Us.{{Cite web |url=https://www.wallofus.org/about |title=our mission is to make it simply irresistible for americans to become active participants in rebuilding our democracy. |date=March 21, 2018 |website=www.wallofus.org|url-status=usurped |archive-url=https://web.archive.org/web/20180321003735/https://www.wallofus.org/about |archive-date=2018-03-21 }}
Awards
In 2017, the American Law Institute awarded her the "Young Scholar Medal," given every-other-year to "one or two outstanding early-career law professors."{{Cite web |url=https://www.ali.org/annual-meeting-2017/young-scholars/ |title=Young Scholars |website=American Law Institute |access-date=2017-03-01 |archive-url=https://web.archive.org/web/20170302031952/https://www.ali.org/annual-meeting-2017/young-scholars/ |archive-date=2017-03-02 |url-status=dead}} ALI said:
{{Blockquote|text=Her work on patent assertion business models – which rely on the use of patents to extract money from others rather than commercialize technology – has been the basis of studies and policy initiatives by the White House, the Federal Trade Commission, and Congress (in the America Invents Act), and the term has been referred to thousands of times by academic and news sources. Policy recommendations that she and her co-authors, in law review articles and other fora, have made have been adopted by the U.S. Supreme Court, in Congressional bills, at the US Patent and Trade Office, and by 32 states.}}
Other recognition Chien has received include:
- In 2017, the California State Bar's IP Section designated her as an "IP Vanguard" (in the academic category).{{Cite web|url=http://www.calbar.ca.gov/Attorneys/Sections|title=The State Bar of California|website=www.calbar.ca.gov}}
- In 2013, Managing Intellectual Property magazine named her one of the "Top 50 IP Thought Leaders in the World"{{Cite web|url=https://www.managingip.com/article/b1kc1wxc5h6yqk/top-50-colleen-chien-santa-clara-university-law-school|title=Top 50: Colleen Chien, Santa Clara University Law School|website=Managing Intellectual Property|date=12 July 2013 }} and said that her work has "led the debate in the US [on patent trolls] and been behind many of the recent proposals for reform."
- In 2013, she was awarded the inaugural Eric Yamamoto Emerging Scholar Award by the Board of the Conference of Asian Pacific American Law Faculty (CAPALF){{Cite web|url=https://law.scu.edu/high-tech-law-institute/professor-colleen-chien-awarded-capalf-yamamoto-emerging-scholar-award/|title=Professor Colleen Chien Awarded CAPALF Yamamoto Emerging Scholar Award|date=February 11, 2013|website=Santa Clara Law}}
- In 2013, she was named a Silicon Valley “Woman of Influence” by the Silicon Valley Business Journal,[http://www.bizjournals.com/sanjose/print-edition/2013/04/05/women-of-influence-colleen-chien.html?page=all Women of Influence: Colleen Chien, Santa Clara University], Silicon Valley Business Journal, April 5, 2013. which called her "one of the most quotable and frequently consulted commentators on the patent system" and said she is "a leader in the national community of intellectual property scholars."
References
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Category:American people of Taiwanese descent
Category:American women lawyers
Category:American legal scholars
Category:UC Berkeley School of Law alumni
Category:Stanford University alumni
Category:American women academics
Category:21st-century American women
Category:Santa Clara University School of Law faculty