Patent LitigationSLN #: 15953
Course Prefix: LAW-691
Course Section: 017
Credit Hours: 2/3
Increasingly, disputes arise over patent rights, and these disputes frequently lead to litigation. This course will explore the nature of patent disputes ---- how they arise, the issues involved, and how they are resolved. Students will follow an example of a patent dispute from its inception to its resolution. Topics to be covered include (a) initial communications that frame the dispute, such as license demands, cease and desist letters and responsive communications; (b) pre-litigation investigation to provide sufficient grounds for asserting a patent infringement claim; (c) pre-suit negotiations to attempt to resolve the dispute; (d) alternative dispute resolution options; (e) preparation of a patent infringement complaint; (f) defenses to patent infringement; (g) written discovery, including electronic discovery, applicable to patent infringement cases; (h) depositions in patent infringement cases; (i) preparation for a Markman hearing in which the Court will decide the meaning of the patent claims alleged to have been infringed; (j) circumstances warranting a motion for summary judgment; and (k) trial strategy. The course does not assume any prior knowledge of patent law. Accordingly, the course will provide an overview of patent law issues relevant to patent disputes. Prior completion of, and/or concurrent enrollment in, Civil Procedure is strongly preferred. Prior completion of, and/or concurrent enrollment in Evidence and/or an introductory course addressing patent law is desirable, but not required.
Credit Hours: 2/3
Grading Option: Numeric Grade and ONE-Time Pass Option is Available, or Letter Grade Only
Graduation Writing Requirement: No
Flexible Writing Requirement: No
Skills Requirement: No
Prerequisite: Civil Procedure
Final Exam Given: Yes
Final Exam Type: In-Class
Paper or In-Class Presentation: Optional 20 -30 page paper on relevant topic to be approved by the instructor required for 3 credits.
Participation Points: Per College of Law policy.
Attendance Policy: Per Statement of Student Policies
Online Course Site: None