INTELLECTUAL PROPERTY LITIGATION
(LAWF-4010) - 2 UNITS
This course addresses intellectual property litigation strategies and procedures, focusing on litigation of patents, trademarks, and trade secrets in U.S. courts. [Copyright litigation is addressed in a separate course.] Major subjects include jurisdiction, standing and joinder of parties, choice of law, pre-suit investigations and the associated ethical and practical considerations, administrative proceedings, case planning and structuring for efficient litigation, claim construction of patents, identification of trade secrets, discovery (including the accommodation of attorney-client privilege and work product protection and handling of confidential information), summary judgment strategies, effective use and opposition of experts, the importance of motions in limine, jury trial issues, key approaches to proving or disproving infringement and misappropriation, and pre-trial and post-trial remedies, including seeking attorney fees and enhancement of damages. Class lectures will take a chronological approach, featuring a hypothetical infringement/misappropriation action and following the course of the dispute from initial pleadings through final judgment.