This course offers an in-depth look at copyright law, with special emphasis on the application of traditional copyright principles to new technologies and media of expression. We will explore the range of copyrightable subject matter (from literary, musical, dramatic, pictorial, audiovisual and architectural works to computer software), issues of ownership and transferability, issues pertaining to the reproduction, distribution and performance of copyrighted works and the creation of derivative works, issues concerning fair use and parody, issues regarding remedies for infringement, and certain issues pertaining to international protection for copyrights. This course will not address patent, trademark and other intellectual property protection issues other than in a highly abbreviated fashion for purposes of distinguishing those types of protection from copyright.
Sequence and Prerequisites: None
Evaluation: Final administered examination
This course is designed to ground students in the doctrinal foundations of patent law: Which inventions are eligible for patent protection? What are the requirements? What goes into a patent application? How are patents interpreted? How are they enforced? What are the remedies for patent infringement? The course will also briefly examine the policies behind the patent right, how patent applications are prosecuted before the U.S. Patent and Trademark Office, how patents are litigated in federal court, and the intersection between patent law and other areas of law. A technical background is not necessary for the course, but an interest in science and technology—and desire to understand and explain technical concepts—is needed.
The course will principally use an open-source casebook but may also make use of topical materials as may they arise during the semester. I will also provide several materials and cases in PDF form on Canvas not covered in your casebook’s materials.
Sequence and Prerequisites: None.
Evaluation: Exam
Introduction to Intellectual Property provides a thorough introduction and survey of intellectual property law regimes in the United States. The course will focus on the major statutory and common law schemes for protecting intellectual property, including patent, trademark, copyright and trade secret law. Although these protection schemes will be discussed sequentially, the course will highlight the common structure, principles and rationales that apply across these fields. This course is designed for students who desire a general background in intellectual property; semester-long courses in copyright, patent and trademark law are offered for those desiring in-depth coverage of one or more of these topics.
Sequence and Prerequisites: none
Evaluation: Final examination
This course will cover topics in litigating a patent case, including pre-filing matters, jurisdiction, venue, pleadings strategy, pre-trial discovery and motions, patent defenses, and injunctive and damage relief. The course will discuss the substantive law of infringement and validity of patents, and declaratory judgment actions in patent cases.
Sequence and Prerequisites: The basic course in Patent Law (Law 645) is strongly recommended but not required.
Evaluation: Projects and written assignments.
This class teaches aspiring patent attorneys how to turn a raw invention disclosure into an issued U.S. Patent. Students start with a typical invention disclosure, perform a mock inventor interview, and draft a complete patent application including specification and claims. The patent application then proceeds through a thorough examination process meant to simulate the examination process of the Patent and Trademark Office (PTO). As part of the examination process, students draft multiple responses to rejections of their claims by the “PTO”. This class focuses on the practical concerns involved in the drafting and prosecution of a patent application, as well as dealing with clients, and provides the student with practical patent prosecution skills that can be put to use immediately.
Sequence and Prerequisites: Patent Law (Law 645) is a prerequisite course. Please note that passage of the PTO’s Registration Exam is required to allow an attorney to represent an inventor before the PTO. Under PTO rules, only persons with a degree in engineering or “hard” science (or similar technical experience) are eligible to sit for the Registration Exam. More information is available at the PTO’s website at www.uspto.gov.
Evaluation: Simulated exercises and projects.
Course Classification: Experiential
This 3-hour seminar will explore the principles and policies supporting the international and comparative protection of intellectual property rights, as well as the sources of those rights. We will focus on international treaty arrangements for the protection of copyrights, patents, trademarks, trade secrets, and plant varieties, as well as on questions of enforcement. The course will also examine the function of international intellectual property organizations, recent developments in the European Union, and issues relating to establishing and enforcing intellectual property rights in less developed nations.
Sequence and Prerequisites: None. No background in science, engineering, or international law is required for this course.
Evaluation: Paper/Presentation
This practical course introduces students to methods of conducting and evaluating patent research across a variety of technical areas and analyzing the results from a legal and market competition perspective. Students will receive training on advanced patent research techniques, including new advances in AI. A key goal of the class is to train students to understand and critically analyze results to deliver high quality, actionable insights. Furthermore, Students will master routine searches that inform patent prosecution, transactional, litigation and business-related objectives. Searches that we will learn include; patentability, freedom to operate and invalidity. Other topics will include patent landscape analysis, portfolio assessment, patent valuation and competitive intelligence insights from patent data. The course may also include guest speakers to expound on practical perspectives on the strategic use of patent information.
Sequence and Prerequisites: None
Evaluation: Assessments will include assignments and two take home examinations: midterm and final.
This seminar is a practical exercise in fact Investigation and evaluation, with each student examining some aspect of the assassination of President John F. Kennedy. Initial lectures will describe the context of the times and then discuss issues presented by eyewitness testimony, documentary and physical evidence, and expert opinion.
Sequence and Prerequisites: None
Evaluation: The balance of the seminar is given over to student presentations of research on various fact issues in the case, which form the basis of their written research papers.
This course is a practical course in criminal trial advocacy for students who have already learned the fundamentals of trial advocacy and are looking to take the next step as courtroom advocates in criminal cases. The course will explore – and practice through exercises – more advanced concepts and techniques in criminal trials, including trial preparation; pretrial proceedings, discovery and ethical obligations; oral and written motion strategies; jury selection; strategies for examining government informants, victims of crime, testifying defendants, defense character witness, law enforcement officers, and expert witnesses; raising and responding to objections in real time before a jury; tailoring opening statements and closing arguments for criminal proceedings while incorporating technology; mastering the admissibility of evidence essential in criminal trials; and trial performance skills. The course is taught by an experienced trial lawyer who specializes in criminal practice. It incorporates lessons in advocacy, professionalism, and the rules of evidence that attorneys face in criminal practice. It concludes with a complete mock trial.
Prerequisites: Trial Advocacy (Law 694) and Evidence (Law 682) must have been taken prior to this course.
Evaluation: This is a three-hour graded course. Grades will be based on written assignment, in-class courtroom performance exercises, participation, and performance in the final mock trial. While students will try their cases with a partner, each student will be graded individually. Students will have an opportunity to meet their classmates during the first-class meeting before partners are selected.
Course Classification: Experiential
In this course, you will learn how to develop and litigate a civil case from inception through trial. You will learn about and/or conduct each stage of the litigation process to include drafting pleadings, preparing and responding to discovery requests, drafting and arguing motions, developing expert witness testimony, challenging the admissibility of expert testimony, and conducting pretrial and settlement conferences. The class will culminate in a final mock trial in which you, along with a trial partner, will conduct a complete mock trial against two of your colleagues.To effectively represent clients at trial, the successful trial advocate will draw not only on his or her trial skills toolkit, but also on his or her knowledge of substantive law, civil procedure, evidence, and ethics. The goal of this course is for each student to leave as a fully formed litigator who can competently, confidently, and comfortably handle a civil litigation matter in real-life practice from inception through trial. The course is taught by an experienced civil trial attorney who will incorporate lessons of professionalism, advocacy, and the rules of evidence attendant to civil trial practice.
Sequence and Prerequisites: Trial Advocacy (Law 694) and Evidence (Law 682) must have been taken prior to this course.
Evaluation: This is a three-hour graded course. Grades will be based on written assignment, in-class courtroom performance exercises, participation, and performance in the final mock trial. While students will try their cases with a partner, each student will be graded individually. Students will have an opportunity to meet their classmates during the first-class meeting before partners are selected.
Course Classification: Experiential