Intellectual Property & Technology Law
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 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 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. (Donoghue, Frischmann, Ho)
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)
The course will explore First Amendment jurisprudence as applied to Internet communications as well as the regulation of Internet content in such contexts as incitement, speech that promotes or facilitates criminal acts, true threats, matters relating to national security, obscenity, indecency, and child pornography. Other topics covered include on-line defamation, including immunities under Section 230 of the Communications Decency Act and claims involving anonymous communications, privacy interests, data mining, on-line profiling, as well as regulatory and statutory approaches to privacy protections. Some attention will be paid to copyright and trademark claims, disputes relating to domain names, and the Digital Millennium Copyright Act. This course will be a 2 hour course with an examination. Students interested in writing a paper may do so for an additional hour of credit. (Shoenberger)
This survey course presents students with the range of legal issues arising from the intersection of technology and the law. The course is highly interactive and will explore topics such the implications of internet ubiquity and jurisdictional analysis, First Amendment/free speech, electronic discovery, digital copyrights, trademarks and domain names, cyber crime, electronic privacy, e-commerce, and Internet governance. There are no prerequisites for this course. Grades for the course will be based on a mock Rule 16 conference, and in-class exam and class participation.
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. (LLM only or with permission.) THIS CLASS IS ONLY AVAILABLE ONLINE AND WITH PERMISSION.
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 that will incorporate and apply concepts introduced in the Intellectual Property survey course. The focus of this seminar is to provide students with a simulated "real-world" experience that will assist them in their subsequent practice of law. Students will be divided into plaintiffs and defendants, and the seminar will walk them through the various aspects of patent litigation from preparing the initial notice letter to arguing claim construction in a Markman hearing. In addition, students will be assigned complementary reading that helps to highlight the substantive material covered. Students will be required to draft litigation-based documents, such as complaints, answers and interrogatories. In addition, students will be required to draft a brief for a Markman hearing. Grading will be based upon these activities, as well as class participation; there will be no final exam.
Prerequisite: Students must have taken either (1) Intellectual Property (survey course); or (2) Advanced Patent Law Seminar. Please note that taking a concurrent Intellectual Property class will not satisfy the pre-requisite.
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, Stankovic)
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)
The impact of technology on our economy has been profound. Whether it is the use of information technology to improve a firm's management capabilities or its sales or services offerings, or the commercialization of new technologies, such as the development of advanced semiconductors or biotech, business' involvement with and dependence on technology continues to grow at an unprecedented rate.
Attorneys who represent technology companies must be proficient in the legal and business issues related to such technology. Consequently, this course is geared for the future transactional practitioner who is interested in developing an understanding of the most pertinent areas of technology-based transactions.
Underlying all technology transactions is intellectual property, which, depending on the particular transaction, needs to be protected, developed, bought or sold. As such, this course will begin with a brief overview of intellectual property to establish a basis for our review of technology transactions, but we will focus mostly on transactions related to and stemming from intellectual property. We will then address legal perspective on the corporate procurement, development and management of new technologies. We will delve into issues related to general commercial transactions involving intellectual property, such as joint ventures and development agreements, and examine more specialized issues related to technology, such as general e-commerce, data rights (both U.S. and International) and security.
There are no prerequisites for this two (2) credit course. The course will have a significant applied element, which will include drafting and negotiating technology agreements, as well as topical classroom presentations. Furthermore, while previous intellectual property licensing courses or experience may provide a basis for this course, such licensing represents only a portion of the topics that will be covered and discussed.
There is no final exam. Instead, grades will be determined based on the applied projects, presentations and classroom participation. While the course will include recommended texts, the primary resources expectedly will be available through a medium central to class discussions the Internet.
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)