This course is intended to provide a deeper understanding of the more complex issues and strategies involved in enforcing U.S. patents through litigation in US courts. We examine such topics as (a) the decision whether to sue for infringement, including the adequacy of the pre-filing fact investigation and consideration of alternative dispute resolution procedures; (b) jurisdiction, choice of forum and venue rules; (c) proper parties to a litigation; (d) the fundamentals of motions practice in patent litigation; (e) claim construction hearings (f) proving both literal infringement and infringement under the “doctrine of equivalents”; (g) analysis of the remedies available to patentees and accused infringers, including monetary damages, injunctive relief, and sanctions, and determining which one(s) to pursue; (g) the role and use of expert witnesses, and the issues on which they can testify; and time permitting (h) understanding the appellate process and preserving points for appeal. Evaluation will be by unscheduled exam.
Prerequisite: Patent Law & Policy is required.
Note: Students are not permitted to drop this class after the end of the official add/drop period.