6470 Intellectual Property (3)
Survey of the different legal mechanisms for protecting intellectual property, including patent, trademark, copyright, and related state–law doctrines. This course is intended for students who desire a general exposure to intellectual property law but who do not plan to specialize in the field; taking this course as a foundation for more specific intellectual property courses is not recommended. Credit may not be earned for both Law 6470 and 6472 if 6472 is taken with Schechter. Not for credit toward an LL.M. in intellectual property law. (Examination)
6471 Patent Law (2 or 3) Kieff, Rader
An overview of patent law designed for students without a patent background, including those without a technical background. Analysis of the goals and costs of the patent law system. Topics include patentability requirements, infringement, remedies, patent prosecution issues, and patent transactions. (Examination)
6472 Copyright Law (2 or 3) Brauneis, Damich, Oman
Historical background and general survey; how copyright is secured and maintained; subject matter of copyright; scope of protection; duration, renewal, and termination of transfers; jurisdiction and remedies; contracts and combinations, including compulsory licenses and performing rights societies; other doctrines neighboring on copyright; international aspects of copyright, including the Berne convention and other treaties on copyright and related subjects. Credit may not be earned for both Law 6472 and 6470 if 6472 is taken with Schechter. (Examination)
6473 International Copyright Law (1 or 2) Schlesinger
Survey of the international law of copyright, including the application of key international law principles such as territoriality, national treatment and reciprocity, jurisdiction, and choice of law in copyright case law. International instruments for the protection of copyright and related rights; special problems such as P2P file sharing and technological protection measures; multilateral and bilateral enforcement issues; and unilateral approaches to combating piracy. (Examination)
6474 Trademark Law and Unfair Competition
(2 or 3) Brauneis, Gomez-Arostegui
Consideration of how trademark rights are acquired at common law and under the Lanham Act; permissible and impermissible types of marks and the problem of “genericness”; protection of trade dress; trademark infringement and dilution; permissible uses of other firms’ marks; trademark licensing and remedies; the right of publicity; and competitor and consumer remedies for false advertising under the Lanham Act and state statutes. When offered for 3 credits the course also addresses interference with contractual relationships and prospective economic advantage; the misappropriation doctrine; theft of business ideas and trade secrets; and prohibitions against unfair and deceptive practices under the Federal Trade Commission Act. (Examination or take-home examination)
6475 Entertainment Law (2) J. Rosenthal
Overview of legal problems in film, theater, television, music, and publishing industries. Topics include the role of agents and managers, contractual provisions in different entertainment industries, protection for ideas and stories, right of publicity, and advanced copyright issues. Prerequisite: Law 6472 or permission of the instructor. (Examination and negotiation and drafting exercises)
6476 Patent Strategies and Practice (2) Barufka, Toering
Patent practice and issues, with emphasis on strategic considerations. Focus on claim craftsmanship and consequences. Prerequisite: Law 6471 or permission of the instructor. (Examination)
6477 The Federal Circuit (1 or 2) Whealan, Rader
The unique role of the U.S. Court of Appeals for the Federal Circuit as the only national court of appeals organized on the basis of subject matter rather than geography. Topics include the creation of the Federal Circuit and an overview of its varied jurisdictions (e.g., government contracts, constitutional takings, and international trade). Emphasis on the contributions of the Federal Circuit to patent law, and in particular its administration of eligibility, bars, “nonobviousness,” equivalents, and other modern patent law problems. Comparative study of the patent jurisprudence of the Federal Circuit and other nations’ courts. (Examination)
6478 Licensing of Intellectual Property Rights (2) Bleeker
Legal and business issues in the licensing of patents and other forms of intellectual property. Drafting of license agreements and the relationship between licensing of intellectual property and competition laws, including comparative regulations in Europe and Asia. License agreements involving governments and universities; tax and bankruptcy considerations; and multimedia licensing. (Examination and drafting exercises) (Skills)
6479 Intellectual Asset Management (2)
Theoretical and practical aspects of managing such assets as intellectual property, technologies, knowledge, and human capital within business, economic, financial, and legal contexts. Intellectual assets recognized under domestic and international intellectual property and business laws; the limits of protection; claims for relief; the extent of damages that may be recovered; and identification, optimization, and strategic deployment of such assets within enterprises of varying sizes and in a variety of industries. Prerequisite: Law 6470, 6471, 6472, or 6474 or permission of the instructors. (Take-home examination)
6480 Chemical and Biotech Patent Law (2) Adelman, Straus
Public policy and practice considerations relating to patenting biotechnology and chemical inventions with in-depth treatment of unique practice areas. Open to LL.M. students; J.D. students may enroll only with the prior permission of the instructor. (Examination)
6481 Design Law (2)
In-depth study of the three major areas used in design law: copyright, trade dress, and design patent. Focusing exclusively on protecting product design (i.e., the appearance of a product), topics for each area include protectable subject matter, how protection attaches, infringement standards, damages, and the like. Strengths and weaknesses of the three areas and prominent unresolved issues. Consideration of interdisciplinary issues, such as the doctrine of functionality as a disqualifier for design protection, the right to copy doctrine, and proposed legislation to adopt a sui generis design registration system in the United States. No technical background is necessary. (Take-home examination or research paper with permission of instructor)
6482 Patent Enforcement (2)
Etienne, Hopenfeld, Mauer, McKelvie, R. Rainey, Underhill
Patent litigation for those who may wish to specialize in general litigation with occasional handling of patent cases, as well as for those interested in a patent solicitation career. Focuses on a rounded understanding of policy and practice considerations in the enforcement of patents. (McKelvie, Hopenfeld, Rainey—take-home examination; Etienne, Lever, Mauer, Underhill—examination)
6483 Patent Appellate Practice (2) Dunner
Comprehensive study of the Court of Appeals for the Federal Circuit and its jurisdiction over patent cases from the perspective of an appellate practitioner. Litigation strategies and the process of guiding a client through an appeal. (Examination)
6484 Computer Law (2) Stern
Intellectual property rights in computer software and in cyberspace. Public policy issues relating to software and computer-related inventions and works; patent vs. copyright vs. sui generis protection debate. Patent or copyright background and some knowledge of computer technology is helpful. In even-numbered years focus is on copyright; in odd-numbered years focus is on patents. Open to LL.M. students; J.D. students may enroll only with permission of the instructor. (Research paper)
6485 Law in Cyberspace (2 or 3) Nunziato
Survey of theoretical and practical aspects of legal issues concerning cyberspace, including First Amendment free speech rights, commerce, computer crime, privacy, political participation, and jurisdiction. Computer background is not a
prerequisite. (Examination)
6486 Information Privacy Law (3) Solove
Information privacy law, including the development of constitutional, tort, contract, property, and statutory law to address emerging threats to privacy. Privacy and the media, privacy and law enforcement, workplace privacy, privacy and online transactions, medical and genetic privacy, and privacy and personal records and information. (Examination)
6487 Cybersecurity Law and Policy (2) Rosenzweig
Issues relating to the organization of the Internet and the federal government's response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyberdomain. (Research Paper)
6488 Art, Cultural Heritage, and the Law Seminar (2) Burgess
Legal and policy implications at the intersection of art and the law, including intellectual property, First Amendment, and international law issues. Legal relationships between artists, dealers, auction houses, collectors, and museums. The international framework for the trade and protection of cultural property and heritage. Prior course work in intellectual property law and international law is recommended. (Research Paper)
6489 Enforcement of Intellectual Property Rights in the U.S. International Trade Commission (2) Essex, McKeon
In-depth examination of the U.S. International Trade Commission. The course briefly covers the full scope of the ITC's unique jurisdiction but primarily focuses on its role with respect to the adjudication and enforcement of intellectual property rights. The course addresses the enactment of Section 337 of the Tariff Act of 1930 and important amendments that enable the ITC's authority over unfair trade practices relating to intellectual property matters, including patents, copyrights, trademarks, trade dress, gray market, and trade secrets; organization of the ITC, including its commissioners, administrative law judges, and the Office of Unfair Import Investigations; all aspects of litigation at the ITC, from the institution of an investigation under Section 337 to post-hearing phases; unique requirements of Section 337 cases of importation, domestic industry, and injury; the scope of available remedies in Section 337 cases and the role of U.S. Customs in enforcement of ITC exclusion orders; the review of ITC decisions and the Federal Circuit's jurisprudence relating to ITC matters. (Examination)
6490 International and Comparative Patent Law (2) Adelman
A study of patent reform issues including domestic patent reform legislation and ongoing harmonization treaty discussions under WIPO; review of selected topics with comparative study from viewpoint of Japan, the United States, and Europe. (Research paper)
6494 Intellectual Property Antitrust Seminar (2) Adelman
Domestic and international concerns relating to antitrust and fair trade, with emphasis on U.S., European, and Japanese models. Consideration of basic intellectual property principles in patents, trademarks, and copyrights necessary for application of antitrust principles. Advanced understanding of antitrust law is a prerequisite unless waived by the instructor. Enrollment is limited. Prerequisite: Law 6402 or permission of the instructor. (Research paper)
6496-20 Intellectual Property Law Seminar Brauneis, Nunziatio, Bernstein, Mossinghoff, Oman, J. Rosenthal
Selected topics in intellectual property law to be announced at the time of registration. Open to LL.M. students; J.D. students may enroll only with the permission of the instructor. (Research paper)