LL.M. COURSES
It is strongly recommended that all students take Copyright Law and Practice, Substantive Patent Law I and II or Law of Patents, and Trademark Law and Practice.
Advanced Patent Application Preparation (2) IP 445
Prerequisite: Substantive Patent Law I or II
The course is a continuation of Patent Office Practice. It will give students extensive practical experience in all areas of drafting and prosecuting patent applications, including specifications and claims for all areas of technology. Experts in each technological area will be brought in to give specific drafting instructions relating to mechanical, chemical, biochemical, electrical, biotechnological and computer applications.
Advertising Law (2) IP 417
The course covers advertising litigation under the Lanham Act, private, state and local public remedies for consumer protection against deceptive advertising, Federal Trade Commission regulation of deceptive advertising, Federal Trade Commission regulation of consumer protection, and consumer protection under other federal statutes
Antitrust (3) IP 404
The course covers statutory and common law antitrust law, including: common law restraint of trade, the Sherman Act, the Clayton Act, the Federal Trade Commission Act, state antitrust laws, agreements, combinations, conspiracy in restraint of trade, mergers, refusals to deal, exclusive dealing, tying clauses, resale price maintenance, and criminal and civil enforcement proceedings.
Antitrust and Misuse Aspects of Intellectual Property (3) IP 411
Prerequisite: previous courses in intellectual property law strongly recommended.
The course covers the duty of disclosure in dealing with government agencies, fraud and misuse of intellectual property and the antitrust laws as they relate to intellectual property. Students having varied levels of familiarity with certain fields of intellectual property and familiarity with U.S. antitrust law will benefit from a study of related areas and fact situations. Many general antitrust principles, primarily focused on the Sherman Act, can be learned from a study of antitrust decisions dealing with intellectual property.
Art Law (1) IP 425
The class surveys legal and practical concepts relating to protection, acquisition, exhibition and sale of works of art, including: problems regarding copyright, art censorship, moral rights, endowments, and tax implications.
Bankruptcy and Security Interests in Intellectual Property (2) IP 460
The course examines the handling, preserving and protecting of intellectual property rights during bankruptcy proceedings and requirements/ procedures for obtaining security interests in intellectual property.
Biotechnology Patent Law (3) IP 464
A basic course in patent law is highly recommended as a prerequisite for this course.
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.
Business Franchise Law and Practice (2) IP 418
This course provides a theoretical foundation for representing clients with regard to business franchise systems and operations. It examines federal and state statutes, regulations and cases. Particular attention is given to: procedures; documents and disclosures required to comply with restrictions upon and conditions precedent to the establishing of business franchise systems; and legal limits on franchisers and franchisees relative to terminations/non-renewals of individual franchises in business franchise systems.
Claim Drafting (2) IP 465
(Some prior Patent Law coursework/experience highly recommended)
Concept of "claiming" an invention; history of development and purpose of claims; thought processes prior to drafting claims; fundamental claim drafting principles and recommended techniques; different types of claims; case law analysis and discussion applicable to claim drafting and interpretation by the CAFC; claim construction; special consideration of electronic, computer and software, wave propagation, chemical, biotech, and business method claim principles. Course includes in-class claim drafting exercises and homework assignments.
Clinical Education in Intellectual Property Law (2) IP 433
Students selected to participate in this program work with intellectual property attorneys in private and corporate practice. The student will receive either a "pass" or "fail" grade based upon an evaluation of the student's work.
Comparative and International Patent Law (3) IP 494
Prerequisite: Introduction to IP Law or Patent and Trade Secret Law.
A critical examination of substantive non-U.S. patent law from a Mt. Olympus view to provide an overall examination of the theory and the actuality of patent laws around the world; as well as a comparison between the various laws and the U.S. law, including the Patent Cooperation Treaty, the Japanese Law, the European Patent Convention and other treaty arrangements setting out how the international patent systems, both on the national and regional basis, operate. Visiting lecturers will be included to discuss national and regional laws, international patent litigation and international patent licensing.
Computer Software Inventions: Patent Prosecution and Copyright Protection (2) IP451
Prerequisites: Substantive Patent Law I or II and Copyright Law and Practice
This industry-specific course covers developments and procedures that concern the protection of inventions in the computer software field and include: history of claiming practice of analogous devices and processes, protection through patents, protection through copyright, drafting of patent claims for computer-related inventions, and administrative regulations and guidelines, and the study of relevant administrative and court decisions.
Contemporary Technology and Intellectual Property Law (3) IP 421
This course examines problems in intellectual property law caused by new forms of technology. It will study the difficulties faced by the U.S. Patent & Trademark Office and courts in applying existing patent, copyright and trademark law to promote progress on the frontiers of science and will propose solutions. Areas to be considered include: the patentability of life forms, inventions made in space, semiconductor topology, non-traditional property forms, look and feel of computer programs, biotechnology, colorization of movies, moral rights, industrial designs, shrink wrap licenses, states' rights versus preemption and supremacy, and copying for home use.
Copyright Law and Practice (3) 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.
Copyright Litigation (1) IP 427
The course provides an overview of copyright litigation issues, statutes and case studies. Topics include jurisdiction and venue, standing to sue, registration as a prerequisite to suit, pleading, parties liable, offer of judgment, statute of limitations, presumption and burden of proof, proof of infringement and substantial similarity, summary judgment issues, injunctions, actual damages and profits of the infringer, statutory damages, attorneys fees and sanctions.
Cultural Property & Museum Law (2) IP 446
This course is designed to educate the student to the numerous federal and state laws affecting cultural property and the preservation of heritage resources i the United States, and the role and legal problems of museums in the management, acquisition and protections of cultural property.
Dissertation (3) IP 432
The dissertation option involves the preparation of a scholarly thesis suitable for publication. The dissertation topic must be approved by the director. The option is available to degree candidates who have completed 21 semester hours of subjects, including IP 400 or IP 415, and have a minimum grade point average of 3.0.
Entertainment Law (2) 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.
Gaming Law (2) IP 444
The gaming industry has become one of the most stringent and highly regulated industries in America. Using existing texts, as well as current opinions and pending cases, this course will look at several areas relating to legalized gambling, including: restrictions on broadcast advertising, internet gambling, Native American gambling, cruises to nowhere, specific tax issues of concern to the casino industry, debt collection, and trademark/copyright issues such as slot machine games, i.e. Wheel of Fortune, Monopoly. The course will also look at lotteries and sweepstakes.
Independent Study (2) IP 431
An independent study project must be approved by the director and requires scholarly study which will result in a significant contribution to intellectual property law.
Intellectual Property Licensing (3) IP 407
The course focuses on patent, trade secret and software licensing. Emphasis is placed on preparing the student to counsel clients on intellectual property licensing matters and to be able to prepare and negotiate license agreements. Various types of license agreements are used and reviewed during the course. Specific areas covered in the course include: introduction to intellectual property; overview of licensing organizations; developing strategies for intellectual property licensing; licensing negotiations; intellectual property licensing issues that arise in mergers, acquisitions and divestments; detailed review of key license agreement provisions and their interplay; and drafting of various license agreements based on model agreements.
Interference, Reissue and Reexamination Practice (3) IP 405
The course provides a practical understanding of interference practice, including: priority law, affidavits under Patent Office Rule 202, setting up interferences, preliminary statements, motion practice, testimony, discovery, final hearings, appellate review, reissue practice, and reexamination practice.
International Antitrust Issues (1) IP 416
Prerequisite: Antitrust, International Patent Law, International Trademark Law
The course analyzes developing antitrust laws relating to patents and trademarks in European and Pacific Rim countries.
International Copyright Law (1) IP 455
Prerequisite: Copyright Law and Practice
The course analyzes international copyright treaties and neighboring rights conventions, the principle of national treatment, key aspects of copyright statutes in selected countries including the treatment of moral rights. The course combines a basic overview with an intermediate level exploration of selected important topics.
International Patent Law (2) IP 413
Prerequisite: Substantive Patent Law I or II
The course provides a study of international patent systems, including: detailed consideration of the laws and practices under the Patent Cooperation Treaty and the European and Community Patent Conventions; the major national patent systems (including Germany, Japan and the United Kingdom) and the Paris Convention.
International Trademark Law (2) IP 414
Prerequisite: Trademark Law and 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).
Law of Patents (1) 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.
Legal Writing for the Intellectual Property Practice (2) IP 428
The course concentrates on aspects of the drafting process, including audience, fact gathering, organization, editing and writing. Also featured are guest-lecturers who will address certain substantive and procedural parts of the course.
Master Classes on Advanced Topics in Intellectual Property Law (1) IP 429A-Z
Master classes are offered each semester on advanced topics in intellectual property law. The classes are held either in a one-week session of three-hour evening classes, or in a two full-day format. Previous master classes include: Advanced Topics in Patent Law, by Prof. Paul Janicke (IP429-A); Persuasive Brief Writing for Intellectual Property Attorneys (IP429-B) by Judge Paul Michel of the U.S. Court of Appeals for the Federal Circuit, Effective Oral Advocacy for Intellectual Property Attorneys (IP429-C), also by Judge Paul Michel, Advanced International Trademark Law (IP429-D) by Dr. Gerd F. Kunze, Valuation of Intellectual Property (IP429-F) by David A. Haas, Preliminary Injunctions in IP Cases, by Judge Paul Michel (IP429-G) Globalization, IP and the Internet by Professor Doris Estelle Long (IP429-H), and Patent Law and Practice in china by Dr. Lulin Gao (IP429-I).
Music Licensing (1) IP 436
The course objective is to learn about music licensing from both a legal and practical perspective. Music licensing is a broad, complex topic with a jargon of its own. The course provides students with knowledge about music licensing terminology, and, equally important, the legal rights from which the terms, and indeed all music licenses, flow. Music licenses are essentially copyright licenses, thus those portions of copyright law that apply to music properties are discussed. From those basic building blocks, students explores many types and styles of music licenses, and the business contexts in which they are relevant. The course will explore the music industry, a business that is literally being turned on its head as technological advances and other factors combine to challenge every precept that the “traditional" music business was built on. In this “sea change" environment,music licensing has gained a higher profile, and become a key driver of the music business. Creative music licensors -- attorneys, agents and, more recently, advertising and marketing professionals -- are becoming primary dealmakers and power brokers in the business. This course provides the essential tools for exploring general opportunities, and solving specific problems, in the fast-changing world of music licensing.
Patent Clinic (2) IP 439
Prerequisites: Substantive Patent Law I or II and Patent Office Practice
Under the supervision of a patent practitioner registered to practice before the U.S. Patent and Trademark Office, students prepare patent applications for needy inventors. Students will interview inventors, prepare drawings and descriptions for patentability searches, evaluate patentability search results, prepare drawing layouts for applications, and write all parts of the specifications including claims. The applications will be filed with the U.S. Patent Office. If an office action arrives at an appropriate time, then students will prepare a response to the office action. Each student in this advanced course will do all parts of this work for at least one complete application and will participate in the evaluating and perfecting the work of other students.
Patent Law: Statutory and Regulatory Fundamentals (2) IP449
(Prevous patent law coursework and/or experience is highly recommended)
The course is designed for a person interested in the fundamentals of patent law and, particularly, in representing clients before the United States Patent and Trademark Office. The course tracks a patent application for an invention from the moment of conception through the U.S. Patent and Trademark Office. The principal laws are covered along with an extensive focus on the legal characterization of "prior art". The course will study in-depth Title 35 USC; the Manual of Patent Examining Procedures and the Code of Federal Regulations as it relates to patent practice. Claim drafting is also introduced and practiced.
Patent Litigation (2) IP 408
The course focuses on preliminary considerations (such as jurisdiction, venue, and potential relief, pleadings, pretrial activities, discovery, the trial, witness considerations, evidence considerations, remedies, and appellate procedures.
Patent Office Practice (3) IP 402
Prerequisite: Substantive Patent Law I or II 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.
Pricing Regulation (2) IP 410
The course covers federal and state regulation of price discrimination, including: promotional allowance, service discrimination, buyer's liability for inducement of discriminatory prices, predatory pricing, below-cost selling, and legal relationships with brokers and manufacturers' representatives.
Publishing Law (1) IP 443
The objective of this course is to offer an overview of legal issues as they arise in the publishing environment. The course will examine a range of issues which occur in publishing, including certain aspects of contract and copyright law, but also including trademark law, right of publicity law, Internet law, and First Amendment law. The topics addressed will be approached from two perspectives, one "defensive" to avoid litigation, and another "offensive" to build value in the intellectual property that is created by the author and the publisher.
Rights of Publicity and Protection of Personality (3) 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 discussion are supplemented with guest speakers who have experience in these issues.
Sports Law (2) IP 426
The course covers the law governing professional sports leagues and players, including: relationships, rights, options, free agency, drafts, player negotiations, arbitration, antitrust, sports as entertainment, and rules governing agents and college athletes.
Substantive Patent Law I (3) 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 (3) 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.
Taxation of Intellectual Property (1) IP 412
The course studies federal tax law as it applies to patents, trademarks, copyrights, and "know-how." Consideration will be given to federal tax treatment of development and acquisition expenditures, proceeds from licensing and transfers, litigation expenses/recoveries, and evaluations.
Trade Secrets Law (3) 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.
Trade Secrets Litigation (2) IP 441
Prerequisite: Trade Secrets Law The course focuses on preliminary considerations (such as jurisdiction, venue, and potential relief), pleadings, pre-trial activities, discovery, the trial, witness considerations, evidence considerations, and appellate procedures.
Trademark Law and Practice (3) 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.
Trademark Litigation (2) IP 409
Prerequisite: Trademark Law and Practice The course focuses on preliminary considerations (such as jurisdiction, venue, and potential relief), pleadings, pretrial activities, discovery, the trial, witness considerations, evidence considerations, and appellate procedures.
Trademark Transactions (2) IP 424
Prerequisite: Trademark Law and Practice This course provides an advanced exploration of the variety of transactions that are required or available with respect to trademark rights, claims and obligations, and with which practitioners handling matters involving trademarks and trademark law must be familiar, including: registration assignments, licensing, and related transactions.
Transnational Enforcement of Intellectual Property Rights (3) IP 450
The course provides an in-depth exploration of the laws for protection of transnational intellectual property rights, including: international treaties, transnational litigation, transnational arbitration, U.S.I.T.C. proceedings, the process patent act, the European Patent Convention, the European Community Patent, transnational courts, the interplay between transnational systems and national systems, constitutional impediments to transnational systems, and the prospects for patent harmonization and a world patent appeals court.
Trial Advocacy for Intellectual Property Attorneys (3) IP 430
The course analyzes the mechanics of trying patent lawsuits, including: opening statements, preparation, direct and cross examination, in-trial motions, and closing arguments. The course is compacted into an intensive 9 a.m. to 6:30 p.m., nine-and-one-half day format. This concentrated format gives a realistic understanding of the rigors of trial practice. The final examination is a simulated patent trial. Enrollment is limited to ten students.
Unfair Competition and the International Trade Commission (2) IP 422
This course provides an introduction to practice before the Commission, with emphasis placed on Section 337 of the Tariff Act of 1930. Course readings and class discussions will be supplemented with guest speakers who have significant experience in ITC practice.
Prerequisites may be waived only by written permission of the director.
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