Patent Litigation

LAW JD 964

This course will examine all aspects of U.S. patent litigation, beginning with pre-filing considerations such as standing, jurisdiction, and choice of law, and ending with the appeal. Particular attention will be given to pleadings, claim construction, discovery, and motion practice, as well as the methods of proving invalidity, unenforceability, and infringement. The course will also consider trial preparation techniques, trial practice, the role of technical experts, and the remedies available in patent cases. Students will be evaluated based on a writing assignment that will require drafting a litigation-related document, such as a claim construction brief or summary judgment motion, and a short final exam. No scientific or technical background is required to enroll in this course, and there are no prerequisites, although prior or concurrent exposure to patent law (such as through the Patent Law course or the Intellectual Property course) may be helpful.