This course will be an interactive introduction to patent litigation, taught around a hypothetical case in the District of Delaware. We will explore cutting-edge issues through advocacy on behalf of the hypothetical plaintiff and defendant. As in actual litigation, students will be required to apply written and oral advocacy skills to the facts as they emerge in view of the applicable law, emphasizing the latest Supreme Court and Federal Circuit decisions.
Except for the first week, each class will normally begin with oral advocacy based on the assignments distributed the prior week. Each class will normally end with the instructors discussing patent litigation topics pertaining to the next week's assignments.
The class will be divided into Groups A and B. Assignments to each group will be for the duration of the semester. Group A will represent the plaintiff; Group B the defendant. Over the course of the semester, students will follow the litigation from start to finish (complaint through post-trial briefing) as counsel for the plaintiff or defendant. Approximately every other week, students will be asked to produce written work (e.g., motion papers, deposition outlines, mediation statements) of approximately 5 to 10 pages in length.
Each week, students from Groups A and B will oppose each other in making oral arguments on the motions drafted by the parties, with the instructors acting as judges. Because there will not be time for all students to argue each week, the instructors will call on some students from each group to argue. There will not be advance notice, and all students should be prepared to argue every week.
Each week, students will be provided with additional facts. As in actual litigation, the facts will be presented in the form of discovery, such as documents produced in response to document requests; excerpts of deposition testimony; and expert reports. The students will be responsible for synthesizing the facts as they are disclosed over the course of the semester.
ATTENDANCE AND ENROLLMENT:
This class by its nature requires attendance at every session. Enrollment will be limited to 16 students so that each student has numerous opportunities to perform oral advocacy.
SERVICE OF WRITTEN ASSIGNMENTS:
Written assignments must be served via e-mail to Mindy Tsoi, firstname.lastname@example.org (who will act as the Court's Clerk) and opposing counsel. Service must take place no later than ****noon Monday**** unless otherwise noted.
There will be no final exam. Your grade will be calculated as follows:
-- 50% written work
-- 50% oral arguments and participation in discussion
The class by its nature will not be blind-graded.
There are no materials to purchase (assuming you already have a copy of Federal Rules of Civil Procedure and Evidence; if you do not, an excellent concise edition is the Federal Civil Rules Booklet published by Dahlstrom Legal Publishing, www.legalpub.com). Each week, the instructors will distribute the assignment for the next week as well as case materials and background materials relevant to that assignment. Additional research is permitted and encouraged. Helpful secondary sources are:
-- DONALD S. CHISUM, CHISUM ON PATENTS: A TREATISE ON THE LAW OF PATENTABILITY, VALIDITY, AND INFRINGEMENT
-- DONALD S. CHISUM, PATENT LAW DIGEST
-- ROBERT L. HARMON, PATENTS AND THE FEDERAL CIRCUIT
-- MOORE'S FEDERAL PRACTICE
-- WRIGHT & MILLER, FEDERAL PRACTICE AND PROCEDURE
Patent Law. Students are also expected to be conversant, and comfortable, with the rules of evidence and procedure (including local rules and standing Orders) that apply to the assignments for each week.