Patent Law Courses

3 credits

The basic questions in patent law are: why should society grant inventors a right to exclude others from using a patented invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.

3 credits

This seminar examines various aspects of U.S. patent practice including prosecution processes, strategies, post-grant options, business and ethical considerations, and management of international patent portfolios. PREREQUISITE/COREQUISITE: Intellectual Property Law, Patent Law; for LLMs, some experience with patent law is sufficient; experience as technology specialist or who have passed the patent bar may also be admitted. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course introduces the student to the structure of the patent trial process and the skills used by patent trial lawyers. This is a simulation course. Students will act as trial counsel in a federal civil action. The case will model a hypothetical patent case, from filing of the complaint to trial. The students will simulate motion practice, claim construction, depositions, as well as trial. The course will include some substantive instruction on patent law, but the focus of the course will be on experiential learning. Students will receive instruction on general litigation techniques relevant to presenting complex science and technologies to a judge or fact-finder. For example, students will learn how to utilize technology to facilitate their presentations during oral argument and in examining witnesses (e.g., through use of demonstratives). Students do not need to have a background in science or technology. Similarly, students do not need to have taken prior coursework in patent law. Enrollment will be limited to 12 students, who will be divided into plaintiff and defendant teams. Grades will be individualized and based on the following: participation in class discussion, simulations, and workshops; motion to dismiss argument; claim construction argument; deposition; and trial. PREREQUISITE Evidence (may be a corequisite for 3Ls). RECOMMENDED COURSES: Patent Law, Patent Litigation NOTE: This class counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This class does not offer the CR/NC/H option.