LLM Courses in Intellectual Property Law

It is strongly recommended that all students take Substantive Patent Law I and Substantive Patent Law II or Law of Patents; Trademark Law and Practice; and Copyright Law and Practice.

Accelerated 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 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 14 students.

Advanced Patent Application Preparation (2) IP 445
The course is a continuation of IP 402 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.
Prerequisite: Substantive Patent Law I or II

Advanced Patent Clinic (2) IP 439
Under the supervision of a patent practitioner registered to practice before the U.S. Patent and Trademark Office, students will write patent applications for needy inventors. Students will interview inventors, will prepare drawings and descriptions for patentability searches, will evaluate the patentability search results, will prepare drawing layouts for applications, and will write all parts of the specifications, including claims. Applications will be filed with the U.S. Patent and Trademark Office. If an office action arrives at an appropriate time, 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 evaluating and perfecting the work of other students.
Prerequisites: Substantive Patent Law I or II and Patent

Office Practice 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
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.
Recommended: previous courses in intellectual property law.

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
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.
A basic course in patent law is highly recommended as a prerequisite for this course.

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 franchisors and franchisees relative to terminations/non-renewals of individual franchises in business franchise systems.

Claim Drafting (2) IP 465
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.
Some prior patent law coursework/experience is highly recommended.

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
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.
Prerequisite: Introduction to IP Law or Patent and Trade Secret Law

Computer Software Inventions: Patent Prosecution & Copyright Protection (2) IP 451
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, administrative regulations and guidelines, and the study of relevant administrative and court decisions.
Prerequisites: Substantive Patent Law I or II and Copyright Law and Practice

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, under the Copyright Act of 1976 and its amendments. Covers basic copyright law in detail, including copyright subject matter, exclusive rights and limitations on them, ownership and transfer, formalities, infringement, fair use, and remedies.

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 and Museum Law (2) Law 146/IP446
Cultural Property and Museum Law is designed to educate the student to the numerous Federal and State laws affecting Cultural Property and the preservation of Heritage Resources in the U.S., and the role and legal problems of museums in the management, acquisition and protections of collections 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 2.5.

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, e.g., Wheel of Fortune and 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 that will result in a significant contribution to intellectual property law.

Intellectual Property Licensing (3) IP 407
The course will focus on patent, trade secret and software licensing. Emphasis will be placed on preparing the student to counsel clients on intellectual property licensing matters and to be able to prepare and negotiate license agreements. A detailed review of license agreements of varying complexity will give the student an understanding of the interplay among the various provisions of license agreements. Other specific areas covered 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; valuation of intellectual property; and important case law and statutes impacting licensing activities.

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
The course analyzes developing antitrust laws relating to patents and trademarks in European and Pacific Rim countries.
Prerequisite: Antitrust, International Patent Law, International Trademark Law

International Copyright Law (1) IP 455
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.
Prerequisite: Copyright Law and Practice

International Patent Law (2) IP 413
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.
Prerequisite: Substantive Patent Law I or II

International Trademark Law (2) IP 414
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).
Prerequisite: Trademark Law and Practice

Law of Patents (1) IP 415
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.
Not open to students who have taken Substantive Patent Law I or II

Legal Writing for the Intellectual Property Practice (2) IP 428
The course will concentrate on aspects of the drafting process, including audience, fact gathering, organization, editing, and writing. Also featured will be guest lecturers who will argue certain substantive and procedural parts of the course.

Master Classes on Advanced Topics in Intellectual Property Law (1) IP 429 A-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; Year 2000 Problems (IP429-E) by William T. McGrath; 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 (IP429-I); Patent Law & Practice in China (Dr. Lulin Gao).

Music Licensing (1) IP 436
The course objective is to learning 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 will provide students with knowledge about music licensing terminology, and, equally important, the legal rights from which the terms, and all music licenses, flow. Music licenses are essentially copyright licenses, thus those portions of copyright law that apply to music properties will be discussed. From those basic building blocks, students will explore 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 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 will provide the essential tools for exploring general opportunities, and solving specific problems, in the fast-changing world of music licensing.

Patent Law: Statutory & Regulatory Fundamentals (2) IP 449
The course is designed for a student interested in the fundamentals of patent law and, particularly, in representing clients before the United States Patent and Trademark Office. The course will track 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.
Previous patent law coursework and/or experience is highly recommended.

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
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.
Prerequisite: Substantive Patent Law I or II

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 that 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.

Right 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 with these issues.

Sports Law (2) IP 426
The course will cover 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, nonobviousness, 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 (2) IP 440

The course provides an advanced look at trade secrets law, including defining trade secrets, the circumstances under which a duty of nondisclosure 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
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.
Prerequisite: Trade Secrets Law

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
The course focuses on all aspects of litigation involving trademarks, trade dress, unfair competition (including preliminary considerations such as jurisdiction, venue, and potential relief), pleadings, pretrial activities, discovery, surveys, witness, considerations, evidence considerations, and appellate procedures.
Prerequisite: Trademark Law and Practice

Trademark Transactions (2) IP 424
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.
Prerequisite: Trademark Law and Practice

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.

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 ITC practice.