Course Details

Patent Litigation - Specialized Patent Office Trials

This class is designed to teach both analytical and practical skills for handling specialized patent litigation in the U.S. Patent Office. Patent Office litigation is used in almost all patent disputes and has increased dramatically over the last few years. Though the America Invents Act ("AIA"), new, specialized adverse litigation proceedings were initiated in the Patent Office late in 2012 and early in 2013. The use of these specialized litigation proceedings is predicted to become more frequent than District Court patent litigation over the next few years. This class provides hands-on experience with all aspects of Patent Office litigation. Using facts from actual and imagined disputes, students will prepare principal and reply briefs, prior art claim charts, and Petitions. Students will take and defend depositions before a live court reporter. Students will engage in an oral argument before mock Judges at the end of the class attacking or defending the validity of a particular patent. The class will be taught as a seminar with student involvement in each class. The class will include lecture and discussion on relevant substantive and procedural patent issues. The class also will include discussion on comparative Patent Office litigation in other countries. Students will develop written skills and oral advocacy skills throughout the class. A principal objective of the class is to prepare students to become actively engaged in specialized Patent Office litigation and succeed in the types of matters they likely will work on during their early years as patent lawyers and litigators. Because this is a "hands-on" class in which students learn by doing, class attendance and participation is essential. Registration Requirements: One intellectual property class is a pre-requisite. It is preferred for students to have taken patent law. Students who consult with the professor and agree to prepare a substantial paper for the end of the class with Professor Berghammer may enroll in LAWSTUDY 500 to receive an additional credit, for a total of three credits for Patent Litigation - Specialized Patent Office Trials. NOTE: This course will NOT satisfy the writing requirement. Evaluation Method: The basis for the grade will be as follows: 40% for writing assignments; 20% for class participation; 40% for depositions and final oral argument. Class Materials: (1) Case file materials provided to students by Profs. (2) Text book TBD -- two different texts being considered (3) Relevant rules and statutes

Catalog Number: LITARB 632


Course History

Spring 2015
Title: Patent Litigation - Specialized Patent Office Trials
Faculty: Berghammer, Joseph J. (courses | profile)
Becker, Katie (courses | profile)
Harris, Michael Joseph
Section: 1     Credits: 2.0
Capacity: 15     Actual: 15