7753. Patent Litigation

This seminar explores, in depth, the life cycle of a patent infringement action from a hands-on practical perspective. The course will cover how to conduct a pre-suit investigation, prepare a complaint and answer, and select jurisdiction. The course will also cover how to prepare claim charts and contentions, together with motions on the pleadings and letters to clients. An exploration of the different facets of fact and expert discovery, including damages and related motion practice will follow. After a discussion of pretrial hearing procedures in U.S. District Courts and procedures for challenging patent validity at the U.S. Patent and Trademark Office (inter partes review, or IPR), the course culminates with a Markman hearing based on a real-world patent and a hypothetical fact pattern. The hearing will include briefing and oral argument. By practicing the actual mechanics of patent litigation, students will develop writing, analysis and oral advocacy skills. No prerequisite: Patent Law preferred.