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Intellectual Property Law
IP Substantive Patent Law I (IP 400)
The course explores the modern law of patentability and patent validity fundamentals, including: the Patent Act of 1952, Supreme Court and federal court cases, statutory patent categories, novelty, utility, non-obviousness, disclosure requirements, and claiming requirements.
Substantive Patent Law II (IP 401)
The course examines the scope and construction of patents, patent infringement, contributory infringement, inducement to infringe, unenforceability defenses, jurisdiction in patent infringement cases and related actions, and remedies available in patent infringement actions. Recommended: Patent & Trade Secret Law or Substantive Patent Law I.
Patent Office Practice (IP 402)
Prerequisite: Patent & Trade Secret Law or Substantive Patent Law I
The course covers all aspects of proceedings before the U.S. Patent & Trademark Office, including: the formal requirements of the patent application, communications from the examiner, requirements for restriction, rejection of applications and claims, examiner interviews, appeals from patent office decisions, certificates of correction, and reissue practice.
Trademark Law & Practice (IP 403)
The course explores the historical development of trademark law, creation and maintenance of trademark rights, trademark registration and administrative proceedings, loss of trademark rights, infringement of trademark rights, proof of infringement, special defenses and limitations, unfair competition law, and jurisdiction and remedies.
IP Copyright Law & Practice (IP 406)
The course explores the statutes and case law defining the scope of United States copyright law, including: the 1909 Copyright Act; the 1976 Copyright Act; and the 1988 Berne Convention Implementation Act as it affects both domestic and foreign copyrights in the United States.
International Trademark Law (IP 414)
Prerequisite: Trademark & Copyright Law or Trademark Law & Practice
The course surveys aspects of foreign trademark and unfair competition law, including: prosecution, renewals, licensing, assignments, watching, opposition, cancellation, infringement, use, marking, and existing and proposed international treaties (including the European Trademark Treaty, the Madrid Arrangement, and the Pan-American Convention).
IP Law of Patents (IP 415)
Not open to students who have taken Substantive Patent Law I or II. The course surveys United States patent law. The course is designed for the degree candidate who has no intention of prosecuting patent applications before the U.S. Patent & Trademark Office. Emphasis is placed on the distinctions between patents and other forms of intellectual property.
Entertainment Law (IP 419)
The course is a concentrated review of the areas of law most often involved in entertainment litigation, including: copyright law, defamation, privacy, publicity and unfair competition. The course includes synopses of the practical workings of the principal entertainment media, including: music, broadcasting, theater, motion pictures, publishing and sports.
Right of Publicity (IP 423)
This course examines the origin, creation and protection of publicity and privacy rights in the context of intellectual property issues. Course readings and class discussions are supplemented with guest speakers who have experience in these issues.
Trade Secrets Law (IP 440)
The course provides an advanced look at trade secrets law, including: defining trade secrets, the circumstances under which a duty of non-disclosure arises, appropriation of trade secrets, improper means of discovery, employer-employee relationships, limitations of trade secrets law, and remedies.
Biotech Patent Law (IP 464)
Prerequisite: Patent & Trade Secret Law or Substantive Patent I
The course examines the basics of patent law and the fundamentals of biotechnology and provides an in-depth look at the special problems associated with biotech patents. The course will include a study of biotech patent prosecution and enforcement, as well as agreements related to biotech inventions and the role of patents in biotech product strategies.
IP in Business Organizations (IP 470)
This course will focus on the legal problems of businesses that develop and utilize intellectual property as the businesses are founded, financed, expanded, transferred to others, or terminated. The course will address the distinctive roles played by intellectual property at three stages of business development: the startup phase (where intellectual property often plays key roles in business formation and venture capital financing), the mid-stage phase (where intellectual property is often an important factor in going public or selling a business through a merger into a larger concern), and the mature company phase (where successful firms must deal with problems such as preventing abuses of dominant intellectual property positions — as was at issue in the Microsoft case — and remaining competitive in complex high tech markets despite being innovators in only small components of those markets). Students will prepare and present a research paper on a topic related to the business roles and impacts of intellectual property interests.
IP Management Techniques (IP 475)
This course will address legal standards and management techniques for acquiring and using intellectual property (IP). The focus will be on transactional methods that corporations, universities, and other organizations use to identify valuable IP. The course will also consider the additional steps that organizations should take to ensure that valuable IP qualifies for legal protections and is used to commercial advantage. Portions of the course will examine transactional techniques for originating, developing, and disseminating valuable IP in social service projects (often by distributing new IP embedded in products such as drugs needed in developing countries or equipment for ensuring clean water). The course will consider systematic methods aiding companies and other organizations in avoiding misuse of IP of others, thereby preventing large liabilities for IP infringement and potential disruption of future organizational activities due to injunctions enforcing IP rights. Students in the course will examine a series of case studies illustrating the development, use and misuse of IP, with emphasis on the management techniques that were used or that could have been used to produce better results. In addition to weekly assessments of assigned case studies, students will prepare a research paper describing and evaluating an IP management case study of their own choosing.
IP in International Business Organizations (TBD)
This course examines the legal problems US businesses face as they develop and use intellectual property in foreign settings. Students will analyze problems encountered as businesses transfer intellectual property (IP) to and from other countries. The development and use of IP in China will be emphasized in evaluating these types of IP problems and their potential solutions. Grading will be based on a research paper written on a topic related to the business roles and impacts of international IP transfers and impacts.
IP Issues in Start-Up Companies (TBD)
This course examines the legal development of start-up companies with an emphasis on opportunities and problems related to intellectual property. The course emphasizes how intellectual property influences the business law issues that are distinctive to new companies trying to develop new technologies or produce other creative works. This type of company often encounters special problems in creating a new firm, gathering together initial shareholders, raising additional funding, creating and utilizing intellectual property interests, hiring new employees without abusing the trade secrets and other assets of competitors, seeking subsequent large-scale funding from sources like venture capitalists and public stock offerings, dealing with potential or actual bankruptcies, and, if all goes well, completing a successful buyout by another concern often through a merger into a larger company. Each of these types of transactions raises a special group of legal problems that will be addressed in this course.
