Patent Prosecution & Litigation

A follow-up to the Intellectual Property survey course, this course provides an in-depth examination of the practice of patent law. The course will focus on the legal issues that arise in the patent application process, post-issuance review of patent validity, the litigation of patent cases, and the interplay between patent prosecution and litigation. Students will be introduced to the drafting of patent applications and to the issues and considerations that arise in the prosecution of patents before the U.S. Patent and Trademark Office. The specialized arena of patent litigation will also be covered, including issues such as infringement, validity, and the claim construction; preliminary injunction practice, damages, and appeals; and the role of expert witnesses. The relationship between patent prosecution and litigation is such that an understanding of one permits a more thorough understanding of the other. For that reason, this course is intended not only for students with technical backgrounds who intend to take the Patent Bar, but also for those students interested in pursuing a career in patent litigation, for whom a technical background is not required.