Intellectual Property & Technology Law
The Advanced Legal Research–Special Topics course on intellectual property is a one credit course exploring how to research patent, trademark, copyright, trade secret, right of publicity, and other areas of intellectual property law. The course covers the following resources and topics, with an emphasis on intellectual property: treatises and other secondary sources, statutes, legislative history, case law, digests, regulations, agency publications, state law, international law, efficient and effective online searching, and research strategy.
This course is structured around a semester-long, simulated negotiation exercise in which the students in this class will represent a multi-national pharmaceutical company (KJH Pharmaceutical Corporation) and the students in a similar class at Georgetown University Law School will represent an African agricultural production company (Malundian Cassava Corporation). The two companies are interested in working together to exploit a new technology developed by KJH Pharmaceutical that uses the cassava produced by Malundian Cassava Corporation. The form of their collaboration could be a joint venture, a licensing agreement or a long term supply contract. The negotiations will take place through written exchanges and through live negotiation via state-of-the-art Cisco Telepresence Rooms at DLA Piper. Substantive law issues related to the transaction, as well as negotiations strategy and related issues, will be addressed in this class.
The goals of this course are (i) to introduce students to transactional law, (ii) to provide negotiations training in the context of transactional practice, and (iii) to further practical legal skills. The focus is on having students apply their legal and non-legal knowledge in the context of serving as a lawyer negotiating an international business transaction within the controlled environment of the classroom.
The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare for class discussions involving the written exchanges as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations. Grades will be based on participation in the exercises, students’ diaries, and a final paper (see, “Course Requirements,” below).
NOTE: In addition to the 2-hour Wednesday evening classes, this class has five Saturday sessions, from 10:00 a.m. to 1:00 p.m. The Saturday sessions are devoted to the live negotiations with Georgetown and will be held at the Chicago and DC offices of DLA Piper (near LaSalle and Lake St.). Due to the Saturday sessions, the Monday sessions will end earlier in the semester. The seminar will meet on the following Saturdays: 9/19/15, 9/26/15, 10/3/15, 10/24/15, and 10/31/15 (this session will end at 2pm to allow for a de-briefing session with Georgetown).
This is an advanced writing course offering students an opportunity to continue developing their writing and analytical skills while focusing on the legal issues that arise between the holders of valid trademarks and copyrights and those who infringe upon their rights using a practical approach of replicating the litigation process. Topics covered include the remedies found in the Lanham Act, 15 U.S.C. § 1114, et seq, and the U.S. Copyright Act of 1976, 17 U.S.C. § 501, et seq, as well as the growing complications presented by global demand and the internet. The course also focuses on the perspectives of those innocent or non-willful infringers in deciding when and how to best protect and advance the client's interests. Students will study examples of registration applications and other related documents, as well as analyze case law as they vigorously represent clients in federal court.
Knowledge of trademark and copyright principles would assist the student; however, the Intellectual Property survey course is not a requirement.
This seminar focuses on the interface between Intellectual Property (IP) and antitrust law. Patents, copyrights and trademarks and other IP regimes confer exclusionary rights. Exclusive rights provide incentives and serve other ends, but their exercise can also impede competition distort otherwise competitive markets. This seminar will address the intersection of IP and Antitrust with respect to issues such as standard setting, licensing, corporate strategy, product design, efforts to increase market share and mergers and acquisitions.
Prerequisite: Intellectual Property, Copyright or Antitrust Law or instructor permission
The Business Law Clinic (the "Clinic") represents entrepreneurs and community members who, respectively, wish assistance in forming small businesses and not-for-profit corporations in the Chicagoland area. Students typically work with several Clinic clients during the course of a semester, under the supervision of at least one member of the Clinic's faculty. The Clinic also includes a weekly seminar (Tuesdays from 5 to 7 p.m.), which addresses relevant substantive law, ethical issues and pragmatic lawyering skills, such as drafting, negotiating and counseling clients. The work in the Clinic is transactional in nature. The Clinic does not handle litigation matters.
Participation in the Clinic requires both a significant time commitment (a minimum of 6 hours per week, in addition to the time in the seminar), as well as a certain degree of flexibility in the student's schedule. All students are expected to have an initial meeting with their clients and to meet with them thereafter, as needed. In addition, the students are expected to communicate with their clients regularly, efficiently and effectively perform the related transactional work under the supervision of the Clinic's faculty, maintain their client's files in an organized and professional manner, regularly attend the seminar classes and participate in various seminar exercises.
Prerequisite for the course is Business Organizations. Federal Income Tax is highly recommended. Other recommended courses, in order of preference, are Corporate & Partnership Tax, Sales, and Securities Regulation. Class is limited to 10-14 students and instructor permission and an application is required. (Stone)
The purpose of this course is to provide exposure to contract drafting and negotiation to students with an interest in transactional law. During the course of the semester we will examine the purpose and process of drafting documents. We will also spend time discussing the business side of transactional law and how best to work with and counsel clients. In some instances, we will start with form documents borrowed from prior transactions (precedent) and we will revise these documents to reflect the particular facts and circumstances surrounding our transaction. In other instances we will work through drafting a document from scratch. Finally, we will spend time reviewing and revising existing documents and discussing the logistics of working through a variety of business transactions. The course will include numerous drafting exercises and some negotiation. By the end of the semester, students should have a basic understanding of how and why contracts are drafted and negotiated. In addition, each student should be able to draft a precise and practical document for a basic business transaction. (Dunck)
This 3 credit course addresses foundational issues in copyright law, including eligible copyright subject matter, formalities and duration, authorship and ownership, reproductions and derivative works, copyright infringement, fair use, summary judgment and remedies for infringement.
Some of the more advanced issues addressed include copyrightable characters; copyright protection of compilations, databases and computer software; copyright in architectural works; photography; sound recordings; the scope of direct liability on the internet, and for cloud computing; digital technology and fixation; and the non-expressive use of copyrighted works by copy-reliant technologies.
This is a stand-alone course. You may undertake this class without any prerequisite. Students planning on taking multiple IP courses should consult with Prof. Ho or Prof. Sag as to the best sequence given their individual needs and interests.
The emergence of the Internet and digital technologies that enhance human abilities to access, store, manipulate, and transmit information has brought with it a host of new legal issues that lawyers preparing to practice in the 21st century will need to understand and address. This survey course will introduce and explore specific problems in applying law to issues arising on the Internet. Topics expected to be covered include the bounds of jurisdiction, privacy, governance and regulation, online commercial transactions, content protection (through intellectual property, contract, and technological means), and cybercrime. There are no prerequisites. Grades for the course will be based on a take home exam and class participation. (Das)
This seminar will introduce students to the real world(s) of sports and entertainment law, examining the separate and distinct bodies of law and practices of both, while giving due to the many commonalities between the two fields, from intellectual property to professional contracts. As legal issues in both sports and entertainment law frequently appear in the headlines, this course will address up-to-the minute issues, while covering the seminal topics and cases within each, both in litigation and transaction. Guest lecturers may participate, as their schedules permit. As there will be efforts made to accommodate guests relevant to this course, the syllabus will be in flux. Further, attendance and class participation are required, making up a significant portion of the grade along with a take-home final examination. Reading assignments can be significant on a weekly basis relevant to the upcoming week's topic. (Epstein, Saper)
599 – Externship – Intensive Field Placement Chicago (2-3)
Full-time students who have completed all required first year courses and part-time students who have completed a minimum of 28 credit hours may apply for an externship at an approved field placement. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Illinois Supreme Court Rule 711 license. Students enrolled in an externship may receive 2 or 3 hours of non-graded credit for supervised work performed at an approved field placement coupled with their attendance and participation in the classroom component of the course. The classroom component has been designed to complement the externship experience with a focus on professionalism, ethics, and practice based skill building. There is no final examination in this course. This course is offered each semester. (Gough, Kieffer)
599 – Externship – Intensive Field Placement Washington, DC (2-3)
Full-time students who have completed all required first year courses and part-time students who have completed a minimum of 28 credit hours may apply for an externship at an approved field placement. Certain field placements may limit eligibility to students who have completed certain course work or who have obtained their Illinois Supreme Court Rule 711 license. Students enrolled in an externship may receive 2 or 3 hours of non-graded credit for supervised work performed at an approved field placement coupled with their attendance and participation in the classroom component of the course. The classroom component has been designed to complement the externship experience with a focus on professionalism, ethics, and practice based skill building. There is no final examination in this course. This course is offered only during the summer semester. (Gough, Poll-Klaessy)
A student after the first year may receive two or three hours of credit per semester for supervised work done in chambers under the supervision of a federal judge and his or her clerks. (Gough, Kieffer)
This course considers how patents impact access to medicine in today’s global economy. While there are many issues that impact access to medicine, patents are the highlight here because patents are often poorly understood, yet have an enormous impact on access to medicine. After all, the existence of a life-saving or sustaining drug is essentially of no utility if it is priced beyond reach. This class aims to broaden students’ consideration of different views of patents in the context of exploring a growing web of international agreements that require nations to adopt specific types of patent laws that have implications for the cost of drugs. No prior knowledge of patents or international law is required, although students will learn some aspects of each by the conclusion of the course. Student grades will be based on class participation and a final project that does not require outside legal research; there will be no final exam.
This seminar examines the laws and legal system of a different country each year and consists of a semester-long class and a required field study and service component over spring break. Past countries of study have included Tanzania, India, Thailand, South Africa, and Turkey. This unique team-based experience actively engages students in the learning process. Students, working in teams under faculty direction, conduct research, make class presentations, organize the field study and service components of the course, develop group research proposals, and produce scholarly papers, several of which have been published.
This course covers the Health Insurance Portability and Accountability Act and the statutory and regulatory framework for the privacy and security of health information. Students will learn about the historical basis of privacy and global comparisons. Topics will include data privacy, security, oversight, and breaches of protected health information. (Zacharakis)
The course is an introduction to the law of intellectual property. This course is a pre-requisite for advanced courses in IP, but also a good survey of the area for students interested in pursing other legal careers. The focus of the course is on understanding the distinctions and similarities between the various aspects of intellectual property law. The predominate focus on the course is on trademark, patent and copyright law (in about equal proportions), with some attention also devoted to the law of trade secrets. No technical background is expected or required. (Ho, Das)
This a unique course offered once a year to a select group of students from Loyola and Chicago-Kent. Enrolled students read and discuss draft articles of nationally renowned professors in the field of intellectual property; the articles are typically draft law review articles. The discussions are focused on helping the professors to refine and improve their articles, such that a strong foundation of intellectual property is expected, even though there is no official pre-requisite. This course meets every week, but the students only meet in person roughly half the time, with the other half of the sessions done by videoconference. Three of the in-person classes will be at Chicago-Kent; for those days, the class will begin at 4:10 pm and end by 5:50pm to allow students adequate travel time. There is no final exam or research project required for this class. Instead, students are required to attend and actively participate in all classes. Students are selected based on an application that is available at www.chicagoip.com.
(This class is limited to 16 students)
The course uses as a focus the Willem C. Vis International Moot Arbitration Competition. Sponsored by Pace Law School, the Vis Moot is based on a problem governed by the U.N. Convention on Contracts for the International Sale of Goods (CISG). In the spring, an oral competition is held in two different venues, Vienna and Hong Kong. Recently, Loyola has been able to send a different team of students to each of the venues. The course includes about three weeks of study of the CISG, as well as approximately three weeks of study of international commercial arbitration, including basic laws and rules, how to draft an arbitration clause, how to choose an arbitrator, and how to participate in an arbitration as an advocate and as an arbitrator.
While the first half of the semester is spent learning about the CISG and arbitration, the second half is spent putting that knowledge into practice. When the problem on which the Moot Competition is based comes on line in October, students work collaboratively to draft Claimants' and Respondents' memoranda. The Claimant's memorandum is due in early December, and the Respondent's memorandum is due in late January. Students also present an oral argument before arbitrators from Chicago law firms, at the offices of the respective law firms. At the end of the semester, a second oral argument is held at the law school, after which students are chosen who will have the opportunity to compete in Vienna and Hong Kong during the spring semester, for an additional two hours of credit.
Through the emphasis on both brief writing and oral arguments, students make significant progress in their skills as advocates, as well as their understanding of dispute resolution in an international context. Their accomplishments have been well recognized in both competitions. More information about the Vis Moot is on the Pace Law School Website: www.cisg.law.pace.edu/vis.html.
Eligibility: If a student is part of a moot court team that will be arguing in the fall semester, he or she is not eligible to take this course, since this is a skills-based course requiring substantial out of class effort in both brief writing and oral argument. If a student is part of a moot court team that will be arguing in the spring semester, he or she is eligible to take the course in the fall, but will not be eligible to compete to be an oralist in the Vienna or Hong Kong competition. Corboy Fellows are not permitted to take this course. The course is not open to LLM students, unless they wish to audit.
Important: Permission of the professor is required. In order to apply, please submit a resume and a statement of interest to Professor Moses, firstname.lastname@example.org explaining a little about your background, and why you are interested in taking this course. (Davis, Moses)
This course serves as an introduction to the growing area of health law known as "life sciences." The theme for this course centers on the regulatory issues involved in the research, development, and sale of pharmaceutical drugs, medical devices, and biologics and the role of the FDA and other government agencies in regulating these industries. Topics covered will include the approval process for pharmaceutical drugs, medical devices, and biologics, genomics, personalized medicine, the FCPA, basic patent and intellectual property issues, as well as fraud and abuse and compliance issues for these industries. (Zacharakis)
This course serves as an introduction to the growing area of health law known as "life sciences." The theme for this course centers on the research and development of pharmaceutical drugs and devices and the role of the FDA in regulating this process. Topics covered will include genomics, personalized medicine, the FCPA, basic patent and intellectual property issues, and financing. Students will learn to analyze the FDA approval process.
This course will teach students the fundamentals of traditional media law with a particular focus on the intersection between injury law and constitutional speech and press protections. This area of study poses intriguing questions about the American balance between the rights of individuals to protect their reputation and privacy and the rights of those who speak via media - whether traditional mainstream news reporters or citizens using social media platforms such as Facebook or Google Glass. In the words of former New Republic counsel Scott Gant, "we're all journalists now." As a result, it is almost inevitable that even lawyers whose practice does not focus on media will confront questions about rights and liabilities arising from client speech. In addition to discussing defamation and privacy doctrine, we will cover statutory regimes that apply to public speech, such as the privilege to protect sources and rights of access to government institutions and documents, and consider whether and how those statutes apply to both old and new media speakers. We will conclude with a comparative survey of media law. The United States takes a dramatically different approach to speech questions than other countries, and as speech increasingly crosses geographic boundaries, choice of law questions in speech cases are multiplying.
This is an advanced patent seminar course that uses a simulated litigation format to develop further the basic concepts introduced in the survey IP class. The goal is to provide students with “real world” patent litigation experience and precedent. Students are divided into plaintiffs and defendants and will participate in various aspects of an actual patent dispute including discovery, claim construction (Markman) and summary judgment. Through this process both practical and substantive aspects of patent litigation practice are covered.
Prerequisite: Intellectual Property or Patent Law Seminar except with permission from instructor or Director of Intellectual Property Program: Prof. Ho
This course is designed to expose students to legal issues concerning patents. The substantive law governing patents, including how they are obtained and enforced, is addressed. The format of the class includes lecture/discussions, as well as problem-solving and practical/clinical exercises. No technical background is required (although students should be aware that some patent cases may involve technical subject matter). Prerequisites: Intellectual Property is a pre-requisite OR permission of the instructor. (Ho, Das)
This course offers an introduction to the art and science of preparing patent applications and prosecuting patent applications in the U.S. Patent and Trademark Office. While a discussion of selected statutory requirements and Patent Office rules will be incorporated in the lectures, the focus of the course will be on hands-on drafting and strategy. In-class exercises and homework assignments include drafting claims and various parts of a patent application, as well as preparing responses to Office Actions. There are no pre-requisites for this course, although a technical background or comfort with describing technology would be desirable. (Freeman, Hetz/Genin, Nethery, Penn)
This course builds upon the trademark concepts discussed in the intellectual property survey class. The focus of the class will be an advanced and applied understanding of trademark law. The course will cover various areas of trademark law and practice, including clearance and prosecution of trademarks, as well as infringement, dilution and licensing. The final grade will be based upon class participation, and assignments, including a final project; there will be no final exam. Prerequisite: Intellectual Property or permission of instructor. (Nanette Norton)