Patent Litigation

This course will examine all aspects of U.S. patent litigation, beginning with pre-filing considerations such as standing, venue, and jurisdiction, and ending with the appeal to the US Court of Appeals for the Federal Circuit. Particular attention will be given to pleadings, claim construction, discovery, and motion practice, as well as the methods of proving invalidity, unenforceability, infringement and damages. The course will also consider trial preparation techniques, trial practice, the role of technical experts, and the remedies available in patent cases. Although the focus will be on patents, we will explore the similarities and differences between patent cases and other types of IP cases, such as copyrights, trademarks and trade secrets. The first portion of each class will cover case law and statutes, and the second portion of each class will include student presentations to allow a discussion of practice skills. Students will be evaluated based primarily on a final exam and their written submissions with respect to at least two in-class presentations that each student will be assigned throughout the semester (e.g., a Markman presentation or mock argument on a motion to transfer). No scientific or technical background is required to enroll in this seminar, and there are no formal prerequisites, although prior or concurrent exposure to civil procedure and to patent law (such as through the Patent Law course or the Intellectual Property course) will be helpful.