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Intellectual Property Litigation this class is designed to teach both analytical and practical skills for handling intellectual property disputes, using an imaginary fact pattern that takes the student-attorney's from the beginning of the case when the client first walks through the door up through a summary judgment motion. Along the way, student-attorney's will gain hands-on experience in dealing with pre-trial considerations (including prefiling considerations and preparing cease and desist letters), initial pleadings in federal court, discovery, and preparation of a summary judgment motion. Student attorneys will focus on both written and oral skills as part of this course.
During the first half of the course, weekly assignments will focus on short writing assignments, and during the second half of the course, emphasis will be on developing oral skills, such as questioning witnesses in a deposition. Throughtout the course, where relevant, student-attorneys will compare and constrast district court proceedings from administrative agency proceedings. The primary objective of the course is to prepare student-attorneys for the types of assignments they would likely receive during their first few years of practice as intellectual property lawyers.
EVALUATION: The basis for the grade will be as follows: 33% for writing assignments excluding the final, summary judgment motion; 33% for class participation, AND 33% for depositions and final oral argument
With professor permission, students may earn a third credit and meet a one-draft writing requirement by preparing a written summary judgment motion for the case. In that case, each grading element, including the summary judgment, will be 25% of the grade.
TEXT: Haydock, Herr & Stempel, Fundamentals of Pretrial Litigation (5th Edition) and case materials provided by the instructors.
PREREQUISTES: Intellectual Property or Patents or Copyrights, or Trademarks and Unfair Competition, or Patents and Trademarks are a pre-requisite.
Catalog Number: LITARB 614 Practice Areas: Civil Lit. and Dispute Resolution , Intellectual Property Practice Area , Legal Skills Development Additional Course Information: Lit/Arb Concentration Elective |
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Course History |
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Fall 2012 Title: Patent Litigation I: Pretrial Practice Faculty: Cooperman, Marc S. (courses | homepage) Berghammer, Joseph J. (courses | homepage) Mitrius, Janice (courses | homepage) Section: 1 Credits: 3.0 Capacity: 12 Actual: 12 |
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Fall 2011 Title: Patent Litigation I Faculty: Cooperman, Marc S. (courses | homepage) Berghammer, Joseph J. (courses | homepage) Mitrius, Janice (courses | homepage) Section: 1 Type: Seminar Credits: 3.0 Capacity: 12 Actual: 12 |
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Fall 2010 Title: Patent Litigation I: Pretrial Practice Faculty: Cooperman, Marc S. (courses | homepage) Berghammer, Joseph J. (courses | homepage) Mitrius, Janice (courses | homepage) Section: 1 Type: Seminar Credits: 3.0 Capacity: 15 Actual: 15 |
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Fall 2009 Title: Patent Litigation I Faculty: Cooperman, Marc S. (courses | homepage) Berghammer, Joseph J. (courses | homepage) Mitrius, Janice (courses | homepage) Section: 1 Type: Seminar Credits: 3.0 Capacity: 15 Actual: 15 |
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