Greg R. Vetter
This course covers domestic intellectual property laws - patent, copyright, trademark, and trade secret - through statues and cases. It is designed to afford the student who intends to practice in other areas an acquaintance with key IP issues, principles and doctrine, and to provide the intellectual property and information law specialist an introduction to the overall subject. The course will provide roughly equal treatment of patent, copyright and trademark law, approximately four weeks for each, with the remainder applied to the law of trade secrets, introduction, and/or review.
Please read carefully the Generally Applicable Syllabus Information. This document sets forth course policy for attendance, preparation and participation, use of computers, examination and grading, and other items. A complete understanding of this document is necessary to take full meaning from the Class Schedule and Other Information set forth immediately below.
Name: | Intellectual Property Survey |
Course # / Section #: | 5201 / 9981 |
Place: | 111 TUII |
Time: | Tuesday & Thursday, 6:00 p.m. to 6:50 p.m. (2 class
sessions per week, 2 credit hours) Note: There will be one class day where I will be unavoidably unavailable. This day is listed in the table below, and will be scheduled for a makeup. |
Required Text: | Robert P. Merges, Peter S. Menell and Mark Lemley, Intellectual Property in the New Technological Age (Revised 4th ed. 2007) (Aspen Law & Business). |
Supplement?: | There is no requirement to purchase a statutory supplement. Certain documents may be assigned from time to time from sources other than the casebook. These documents will be provided via links in the class assignment table below or in a separate page of class links. Paper copies of these documents will typically not be provided in class, so students should plan to print them or review them electronically. |
Prerequisites | None. |
Grading: | The course grade will be primarily based on an open-materials
final exam. "Primarily" means that at least 95% of the course grade will be based on the final exam. Probably 100% of the course grade will be based on the final exam, but I want to have given notice of the possibility of a small percentage of the grade coming from other sources, most likely one or more small exercises. Notwithstanding the above, my assessment of your in-class participation performance will not be a component of your grade. |
Brief Description of Coverage: | This class will meet in two 1.0 credit-hour blocks each week. The coverage goal is approximately fifteen to twenty pages per block. Assignments will be detailed in the table below as the semester progresses. |
Absences Limit: | Assuming two class meetings a week, six or less absences
constitutes attendance meeting the eighty percent requirement. More
than six absences means that the eighty percent requirement is not met. Attendance will be taken via a roll sheet passed throughout the class each session. |
"Pick your seat" seating chart date: | The second class session during the first week of class: - Thursday, August 23, 2007. |
Final Exam Date/Time: | Tuesday, December 11, 2007; 6-8 p.m. |
Final Exam Information: | click here for the Final Exam page. |
First day/week's assignment: | Read this course web page, the linked Generally Applicable Syllabus Information, and the assignments detailed in the table below for the first day/week of class. |
{reserved} | {reserved} |
Audio Recording of Class Sessions | I will audio tape the class sessions using a portable recorder attached to my person and post links to the audio tracks on the class web site for the sole and limited educational purpose of allowing students to stream the recorded sessions to review or to enable students who missed a class to hear the class presentation. Any audio tracks created will be deleted and destroyed shortly after the final exam for the class. Since I call on students, there is a slight chance that your contributions to class discussion, whether voluntary or while on call, may be included in the audio recording. The chance is slight because the recording technology I use does a poor job of picking up any voices other than my own. Your continued registration in this class indicates your acquiescence to any such incidental recording for the purposes described above unless, if you have concerns about this, you come speak with me as soon as possible but in no event later than the first day of the second week of class. |
Cancellation Day | Thursday, Nov. 8 |
Scheduling Note: | There is no class on Tuesday, Nov. 27; that day is not a "Tuesday" from the perspective of Law Center courses. |
Makeup for Cancelled Day: | Friday, Nov. 16; 6:00 p.m. to 6:50 p.m.; 111 TUII |
These are posted on my home page at:
The links below are for general reference and may be used for some class assignments.
The tables immediately below provide the detailed assignments for this course. It also may provide links to materials for each class and other items related to the course. In order to allow flexibility in the class, assignments beyond those posted for the next week are subject to change; therefore, students who may wish to read ahead are urged to contact the professor before doing so. The rate of progress through the modules depends on the class dynamics.
Class presentation slides are provided as links below in association with each module title. I will generally have the slides available about a week before we start a new module. If students want hardcopy of the slides for use during class, please download and print the linked slides file.
After each class session, the class date will become a hyperlink to the audio for that class.
The casebook makes liberal use of "problems" - which in many cases are fact patterns adopted from actual cases. The problems' purpose is to illustrate twists in doctrine and provide additional context. When a problem is included in the assigned reading, there is no reason to write out an answer to the problem. Rather, it is sufficient to think about the problem and if desired make a few notes. Problems in the assigned reading may be the focus of class discussion, but will not always be touched upon in class.
Case names are listed in the table below as assignments. Sometimes there are several paragraphs of introduction before the case when the case is the lead case in a new subheading in the book. These introductory paragraphs are part of the assignment and should be read along with the case.
The call group assignment list will be posted here for downloading as a .pdf file, with a password required to open the file. That password will be given out in class.
In the table each casebook assignment is given a page range to go with the assignment title. Unless the "Comment/Note" column indicates otherwise, read the entire assignment, encompassed on the indicated pages, including any notes or associated problems.
Assignment | Start Page | Comment/Notes | Start OH# |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
1-2 |
1.1 |
All |
||
Overview of IP |
24-30 |
stop before Prob. 1-3 |
|||
The Natural Rights Perspective |
2-6 |
Prob. 1-1 is food for thought, it likely
won't be discussed in class |
|||
The Utilitarian/Economic
Incentive Perspective |
10-24 |
Prob. 1-2 is food for thought, it likely
won't be discussed in class |
|||
Assignment | Start Page | Comment/Notes | Start OH# |
Date |
Call Group |
---|---|---|---|---|---|
Trade Secret (TS) Protection Introduction
and Overview |
33-36 |
2.1.a |
All |
||
UTSA |
36-37 |
try to parse out the elements of TS misappropriation
from the model statute |
|||
Theory of Trade Secrets |
37-39 |
||||
Metallurgical Indus.
v. Fourtek |
39-49 |
||||
Rockwell v. DEV |
49-53 |
L |
|||
Rockwell, notes |
53-57 |
||||
Problem 2-5 |
57-58 |
||||
Disclosure of Trade Secrets |
58-62 |
||||
Dupont
v. Christopher |
62-67 |
||||
Smith v. Dravo |
67-72 |
stop before Problem 2-9 on pg. 72 |
2.20.a |
||
Reverse Engineering |
74 |
||||
Kadant v. Seely
Machine |
75-80 |
L |
|||
Warner-Lambert v.
Reynolds |
101-104 |
||||
Assignment | Start Page | Comment/Notes | Start OH# |
Date |
Call Group |
---|---|---|---|---|---|
Patent Law: Historical Background |
117-124 |
skim through pg. 124 |
n/a |
R |
|
An Overview of the Patent Laws |
124-127 |
3.1.a |
|||
Read the 4-page patent available here.
This is a different kind of reading. I think it would be a good
investment if you spend at least an hour with this document. Trace
the words to the picture via the numbered items. Write down in
your own words the key inventive aspect of the claimed invention.
Also write down how claims 2 & 3 restrict or narrow this aspect.
|
n/a |
Note any questions you have about why the
patent instrument looks and is written as it is. I may ask some
members of the call group to tell me their questions so we can
discuss them in class. |
|||
The Elements of Patentability |
128 |
3.10.a |
|||
Diamond v. Chakrabarty |
128-135 |
R |
|||
Parke-Davis v.
H. K. Mulford |
135-142 |
stop before Problem 3-2 on pg. 142 |
|||
Note on Patent Office Utility Guidelines |
152-154 |
3.20.a |
|||
Note on Different Types of Utility |
155-158 |
||||
Describing and Enabling the Invention |
158-163 |
stop at the end of pg. 164 |
L |
||
The Written Description Requirement |
173-174 |
||||
Novelty and Statutory Bars |
185-186 |
||||
Rosaire v. National
Lead |
186-190 |
stop before Inherency note |
|||
Statutory Bars: Publications - In
re Hall |
192-195 |
stop before Problem 3-7 on pg. 195 |
|||
Statutory Bars: Public Use - Egbert
v. Lippmann |
196-200 |
stop before Problem 3-8 on pg. 200 |
L |
||
The Experimental Use Exception - City
of Elizabeth |
202-206 |
stop before "Priority Rules"
on pg. 206 |
3.30.a |
||
Nonobviousness - Graham
v. John Deere |
212-224 |
R |
|||
In re Dembiczak |
240-245 |
3.40.a |
|||
KSR Intl. v. Teleflex |
224-237 |
||||
"Secondary" Considerations |
248-249 |
||||
Claim Interpretation |
250-252 |
R |
|||
Problem 3-5 (sharpylene) |
183-185 |
||||
Phillips v. AWH
Corp. |
252-268 |
U.S. Pat. No. 4,677,798
to Phillips |
L |
||
Literal Infringement - Larami
v. Amron |
268-274 |
||||
The DOE - Warner-Jenkinson
v. Hilton Davis |
275-278 |
||||
PHE - Festo
. . . |
279-291 |
3.60.a |
L |
||
Disclosed but not claimed - Johnson
& Johnston v. R.E. Service |
292-300 |
stop before "After-Arising . . ." |
3.70.a |
R |
|
Assignment | Start Page | Comment/Notes | Start OH# |
Date |
Call Group |
---|---|---|---|---|---|
A Brief History of Copyright |
383-388 |
4.1 |
|||
An Overview of the Copyright Regime |
388-389 |
||||
Philosophical Perspectives on Copyright |
390-392 |
||||
Original Works of Authorship |
392-394 |
||||
Feist v. Rural Telephone
Service |
394-402 |
||||
Fixation |
402-405 |
||||
Formalities |
405-410 |
stop before "Note on the Restoration
of Foreign Copyrighted Works" on pg. 410; skip Problem 4-2 |
|||
Copyrightable Subject Matter |
411-412 |
4.10.a |
|||
Baker v. Selden |
412-417 |
R |
|||
Problem 4-3 |
417-418 |
||||
Morrissey v. P &
G |
418-421 |
||||
Useful Article Doctrine |
421-423 |
L |
|||
Brandair v. Cascade
Pacific |
423-431 |
||||
Problem 4-6 through Problem 4-8 |
431 |
||||
Domain and Scope - Illustrative
Works |
436-443 |
skip Problem 4-11 |
4.20.a |
||
Roth Greeting Cards
v. United Card |
443-446 |
||||
Ownership and Duration - Work for Hire |
446-447 |
4.30.a |
|||
CCNV v. Reid |
447-454 |
stop before "Joint Works", pg.
455 |
L |
||
Rights in Electronic Compilations |
462 |
||||
Duration and Renewal |
465-468 |
stop before Problem 4-18, pg. 469 |
|||
Division, Transfer and Reclaiming |
469-474 |
||||
Traditional Rights of Copyright Owners |
474-476 |
||||
Copying - Arnstein
v. Porter |
476-482 |
Music substantial similarity proposal: Yvette
Joy Liebesman, Using Innovative Technologies to Analyze for Similarity
Between Musical Works in Copyright Infringement Disputes, 35 AIPLA
Quarterly Journal 331 (2007) |
4.40.a |
R |
|
Improper Appropriation - Nichols
v. Universal |
482-490 |
||||
Improper Appropriation - Steinberg
v. Columbia |
490-497 |
NOTE: the ordinary
observer standard for the "law of the class" is that given
in note 8 on pg. 490 |
|||
Problem 4-21 through just before "Anderson
. . ." |
498-499 |
stop before "Limitations on the Exclusive
Right to Copy" |
4.50 |
R |
|
Derivative Work Right - Anderson
v. Stallone |
500-510 |
L |
|||
Distribution Right |
510-514 |
||||
Public Performance and Display Rights |
514-518 |
||||
Limits on various rights |
499-500, 516-518 |
||||
Fair Use - Harper
& Row v. Nation |
522-535 |
stop before Problem 4-29, pg. 535 |
|||
Sony v. Universal |
536-541 |
4.60.a |
L |
||
Am. Geophysical
v. Texaco |
541-555 |
||||
Campbell v. Acuff-Rose |
555-566 |
4.70.a |
R |
||
Other Defenses |
567-569 |
||||
Assignment | Start Page | Comment/Notes | Start OH# |
Date |
Call Group |
---|---|---|---|---|---|
Introduction |
633-640 |
5.1.a |
|||
What can be protected as a mark? |
640-642 |
||||
Qualitex
v. Jacobson |
642-648 |
||||
Certification and Collective Marks |
648-650 |
||||
Distinctiveness - Zatarains
v. Oak Grove |
650-664 |
5.10.a |
|||
Two Pesos v. Taco
Cabana |
664-669 |
R |
|||
Wal-Mart v. Samara
Brothers |
669-676 |
5.20 |
L |
||
Priority - Zazu
v. L'Oreal |
676-686 |
R |
|||
Geographic Limitations |
686-688 |
stop before "Note on Priority and
Trademark Theory" |
|||
Trademark Office Procedures |
696-699 |
5.30 |
|||
Geographic Marks - In
re Nantucket |
700-704 |
||||
Surnames as Marks |
704-706 |
||||
Opposition; Cancellation; Concurrent
Reg. |
706-708 |
||||
Incontestability - Park
'N Fly v. Dollar Park and Fly |
709-715 |
R |
|||
AMF v. Sleekcraft |
725-732 |
5.40.a |
|||
Types of Confusion |
732-737 |
L |
|||
Dilution |
737-740 |
Trademark
Dilution Revision Act of 2006, signed 10/6/2006 |
|||
Nabisco v. PF
Brands |
740-754 |
Note: this case is under the old Federal
dilution statute before the Act of 2006, but is largely consistent
with the Act’s revisions. However, not all definitions and
statutory language tracks. |
R |
||
Genericness - Murphy
Door Bed v. Interior Sleep |
787-798 |
5.60 |
L |
||
Functionality - TrafFix
Devices v. Mktg. Displays |
798-808 |
||||
Last modified on November 29, 2007, by Greg R. Vetter