Certificate(s): High Tech Law
This course simulates an intellectual property lawsuit from preliminary considerations (such as whether suing is the proper course of action for a potential plaintiff and how attorneys can assist their defendant clients in the assessing of the risks of litigation when sued) to pleadings, pretrial activities, discovery, evidentiary challenges, trial preparation and appellate procedures. Approved IP LLM Course. Prerequisite: IP Survey
Pre or Co-requisite: Patent Law (233) or IP Survey (388) or consent of instructor.
This course uses a different fact pattern than other simultaneously taught IP Litigation sections and includes a trade secret component.
Students must attend first class meeting or make prior arrangements with the professor. Students who no-show to the first class will be dropped by the professor. Attendance is mandatory. The purpose of this course is to blend substantive patent and trade secret law knowledge with practical application in a litigation context. The course emphasizes litigation skills including client relations, developing the factual record, strategic counseling, and motion practice. It will be of particular interest to those who plan to practice in the areas of patent or trade secret litigation, patent prosecution, or patent licensing. The course analyzes a hypothetical patent and trade secret litigation using a US Patent and file history along with other documents. Grades are based on a variety of exercises related to claim construction, infringement and invalidity analysis, serving and responding to discovery, expert reports, depositions, and motions as well as class participation. Limited enrollment. This course will be recorded and the videos made available for the use of enrolled students. Approved IP LLM course.