Course Details

IP Litigation

This course will examine the legal parameters and practical aspects of litigating intellectual property lawsuits, particularly patent cases and, to a lesser extent, trademark cases. The goal is not to make students into litigators. Rather, it is to deepen knowledge of what IP litigators do and why, in order to facilitate work either directly as a witness, consultant, or liaison in actual litigation, or indirectly in the strategic management of valuable IP assets. We will cover pre-filing issues such as investigations, cease-and-desist letters, and the possibility of a preliminary injunction and/or a declaratory judgment action. We will then proceed through the pleading stage, pretrial discovery, Markman hearings, dispositive motion practice, settlement, and trial. In addition, we will examine the attorney-client privilege as well as the role of scientific evidence, the use of experts, expert opinions, expert witness reports and testimony. Finally, we will discuss the relationship between judicial proceedings in Federal court and administrative proceedings before the Patent and Trademark Office or the International Trade Commission.

Catalog Number: INTPROP 930-0


Course History

Fall 2016
Title: Intellectual Property in the Courts: How Patent Law is Made
Faculty: Hoskins, Richard J. (courses | profile)
Section: 1     Credits: 0.5
Capacity: 20     Actual: 16

Spring 2016
Title: Intellectual Property in the Courts: How Patent Law is Made
Faculty: Hoskins, Richard J. (courses | profile)
Section: 1     Credits: 1.0
Capacity: 24     Actual: 7

Spring 2015
Title: IP Litigation
Faculty: Hoskins, Richard J. (courses | profile)
Section: 1     Credits: 1.0
Capacity: 25     Actual: 5