Patent Litigation (S)

LAW JD 964

This seminar 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 primarily on two writing projects. The first project will require students to draft a litigation-related document (such as a claim construction brief or summary judgment motion) in a simulated patent case. The second project will be an academic research paper on a patent litigation-related issue to be chosen by the student. In-class presentations and class participation will also be taken into account in calculating each student's grade. No scientific or technical background is required to enroll in this seminar, and there are no formal prerequisites. However, 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. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this class.