PATENT REMEDIES & DEFENSES

SPRING 2018

Prof. Janicke

 

This is a litigation course, but it is not mainly procedural. It mostly treats doctrinal patent case-law topics and how they are handled and advocated in the courts. The course is designed to provide the equivalent of at least five years of private practice in the area. It is intended, as it has been in the past, to serve students who envision a career path either in patent litigation or in in-house IP work. In-house IP jobs usually require management of actual and potential patent disputes, as well as supervision of outside firms in the event patent litigation erupts, so knowing the subject is helpful.

 

Here is the syllabus and class plan for Spring 2018.

 

A background in patent prosecution is not particularly helpful or harmful for doing well in this course, as there is virtually no overlap with prosecution issues. The same is true of a technical background -- it is not required. More than half of patent cases today are handled by general litigation lawyers who have no technical background.

 

Prerequisite: I am amenable to accepting either Patent Law or the I.P. Survey as an OK prerequisite.

The course required casebook is Janicke, Modern Patent Litigation (4th Edition, Carolina Academic Press), sold as e-Book only.

The remedies and defenses provisions of the patent statute were left almost entirely intact by the 2011 patent reform bill, the America Invents Act; here is a Word file containing most of the pertinent sections of patent statute (Title 35, US Code).

 

Patent statute sections

 

The course will progress at about 10 cases (about 50 pages) per week.

 

Additional info: for a class on ANDA patent litigation under the Hatch-Waxman Act, see this summary.