This course will be an interactive introduction to patent litigation, taught around a hypothetical case in the District of Delaware. We will explore cutting-edge issues through advocacy on behalf of the hypothetical plaintiff and defendant. As in actual litigation, students will be required to apply written and oral advocacy skills to the facts as they emerge in view of the applicable law, emphasizing the latest Supreme Court and Federal Circuit decisions.
Except for the first week, each class will normally begin with one and one-half hours of oral advocacy based on the assignments distributed the prior week. Following a short break, the instructors will discuss patent litigation topics pertaining to the next week's assignments. The class will be divided into Groups A and B. Assignments to each group will be for the duration of the semester. Group A will represent the plaintiff; Group B the defendant. Over the course of the semester, students will follow the litigation from start to finish (complaint through appeal) as counsel for the plaintiff or defendant. Approximately every other week, students will be asked to produce written work (e.g., pleadings, motion papers, deposition outlines).
Each week, students from Groups A and B will oppose each other in making oral arguments on the motions drafted by the parties, with the instructors acting as judges. Because there will not be time for all students to argue each week, the instructors will call on some students from each group to argue. There will not be advance notice, and all students should be prepared to argue every week.
Each week, students will be provided with additional facts. As in actual litigation, the facts will be presented in the form of discovery, such as documents in response to document requests, responses to interrogatories, excerpts of deposition testimony, expert reports, and responses to requests for admission. The students will be responsible for synthesizing the facts as they are disclosed over the course of the semester.
Section Offerings for 2012-13
|N. Groombridge ...||W 4:20 PM-6:10 PM||GRHL 546|
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