S. Patent Litigation

COURSE OVERVIEW:

This course is 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 a 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.

COURSE STRUCTURE:

Except for the first week, each class will begin with oral advocacy based on the assignments distributed the prior week. During the balance of the class, the instructors will discuss the next week’s assignment and related topics.

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, and Group B will represent the defendant. Over the course of the semester, students will follow the litigation from start to finish (complaint through trial) as counsel for the plaintiff or defendant. Approximately every other week, students will be asked to produce written work (e.g., motion papers, deposition outlines, mediation statements) of approximately 5 to 10 pages in length.

Each week, students from Groups A and B will oppose each other in making oral arguments, taking depositions, etc. on the papers 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 be no 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, and expert reports. In addition, the students will be able to create their own record through depositions of the inventor and accused infringer. The students will be responsible for synthesizing the facts as they are disclosed over the course of the semester.

ATTENDANCE AND ENROLLMENT:

This class by its nature requires attendance at every session.

Enrollment will be limited to 16 students so that each student has numerous opportunities to perform oral advocacy.

GRADING:

There will be no final exam. Your grade will be calculated as follows:

-- 50% written work

-- 50% oral arguments and participation in discussion

The class by its nature will not be blind-graded.

PREREQUISITES AND RECOMMENDATIONS:

Students should have already taken, or currently be taking, Civil Procedure. In addition, it is recommended that students should have already taken, or currently be taking, Patent Law. However, Patent Law is not a prerequisite as the instructors will provide the students with the statutes and cases most relevant to each assignment and are available to answer any questions that arise.

OPTION FOR ADDITIONAL CREDIT FOR SUPERVISED RESEARCH:

Given that the course involves independent legal research and the use of the results of that research in the student’s written assignments, students can qualify for one additional non-classroom credit through supervised research. If interested in this additional credit, students should register for both Patent Litigation and Supervised Research, and let the instructors know.