Course Descriptions

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Spring 2019 Class Descriptions

Patent Law Policy (LWIP564)

Instructor(s): Staff

2 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)
Prerequisite(s): See course description

This seminar will examine contemporary policy issues in patent law, using doctrinal, economic, and historical approaches, including practical perspectives and implications in patent prosecution, patent licensing and partnerships, patent litigation, and patent deal work. Readings will be drawn from a variety of law review articles and books. Grades will be based on a final paper. Students must either (1) have taken at least one of the following courses: Intellectual Property Survey, Patent Law, or Biotech Patent Law; or (2) must have taken and passed the USPTO patent bar examination.

Patent Litigation II (LWIP569)

Instructor(s): Staff

2 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)
Prerequisite(s): See course description

This course will examine what all the work in a patent case really should be about from the first day: the trial. You’ve produced and read terabytes of documents, answered oppressive interrogatories and taken depositions of your opponents’ evasive witnesses. The judge has ruled on claim construction and denied cross-motions for summary judgment. Now you get to put the case together for trial. The course will be structured around hypotheticals, which will generate writing and oral advocacy assignments for members of the class. The class will be fundamentally interactive, although we may lecture occasionally. Oral advocacy will include an opening statement; direct examination of an expert technical witness, including preparation of demonstrative exhibits; cross examination of an expert technical witness; and preparation and argument of motions in limine. Grading will be honors/pass/low pass/fail based on in-class written and oral assignments. There will be no final exam. Prerequisites are at least one of the following: Patent Law, Intellectual Property Survey, Patent Litigation I, or registered patent agent. Recommended prerequisites are Patent Litigation I.

Patent Prosecution (LWIP571)

Instructor(s): Staff

2 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMUS), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)
Prerequisite(s): Intellectual Property Survey or Patent Law

This course provides an overview of practical aspects of U.S. patent practice, with a particular focus on issues that will be faced by a patent attorney in the early years of his/her career. Topics covered include preparation and prosecution of patent applications before the U.S. Patent and Trademark Office, discussing strategic and practical considerations in addition to the applicable law, regulations and procedures. The course will also cover development and execution of an IP strategy for a client, evaluation of the scope of issued patents, and issues relating to ownership, assignment, and licensing of patent rights. In addition, ethical issues related to inequitable conduct, duty of candor, and proper representation of clients are addressed. Students will complete a series of real-world assignments, including the drafting of claims and other patent application content, responses to Office actions, and provisions directed to the transfer of patent rights.

Prerequisite: Intellectual Property Survey, or Patent Law. No technical background is required. Grade will be based on a series of practical projects over the course of the semester.

Note: Students must have taken Patent Law or Intellectual Property Survey, or have work experience in the field and permission of the professor, to register for the course.

Professional Responsibility (LWAA580)

Instructor(s): Robert Muth

3 credit(s), Letter Graded

The roles of the lawyer in society and the obligations implied in those roles are examined. Topics include disciplinary standards and procedures, the history and organization of the legal profession; avoiding conflict of interest; obligations to clients, the courts, and society, and conflicts presented by the adversary system for settlements of disputes; and responsibilities of lawyers as public servants and citizens. American Bar standards will be reviewed.

Property (LWAA530)

Instructor(s): Abraham Bell, Adam Hirsch, Mary Jo Wiggins

4 credit(s), Letter Graded

Consideration is given, in both a historical and modern sense, to the rights and obligations that arise out of the legal ownership of possessory and non-possessory interests, tangible, and to a limited extent, intangible, personal, and real property. Areas covered include estates in land, landlord-tenant, conveyancing, land development, public and private control of land use, non-possessory rights in land, bailments, lost and misplaced property, gifts, and an introduction to gratuitous transfers of realty.

Public Interest Law & Practice (LWPP570)

Instructor(s): Robert Fellmeth

2-3 credit(s), Letter Graded
Requirement(s): Experiential
Concentration(s): Children's Rights (JD), Environmental and Energy Law (JD), Health Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG)

Public Interest Law & Practice (PILP) is a yearlong graded course in which students learn the substantive law governing the operation and decisionmaking of California regulatory agencies. Students may take the course for four or five units. Public interest lawyers represent interests that are diffuse, unorganized, and generally underrepresented - such as consumers, the environment, children, and the future - in governmental decisionmaking that affects them. PILP focuses on specific laws that enable public interest lawyers to effectively advocate for their clients. Specifically, PILP students study the sunshine statutes which require most agency decisionmaking to take place in public and guarantee public access to most agency records (the open meetings acts and the California Public Records Act) and the state Administrative Procedure Act, which governs the process agencies must follow to adopt regulations or take disciplinary action against the license of a licensee. Students also study important limitations on the power of agencies (including constitutional and antitrust limitations), and the functioning of the state legislature, which may enact, repeal, or amend the enabling acts of most agencies. As part of their coursework, students are assigned to monitor a major California agency; they travel all over the state to attend agency meetings; monitor and analyze agency activities, interview agency officials and licensees; and track rulemaking, legislation, and litigation affecting their agency. Twice during the year, students submit a written report covering the activities of their assigned agency, including recent legislation and court decisions affecting the agency and its licensees, which may be published. Students will also give public comment before their assigned agency during the spring semester, and participate in various simulated advocacy exercises in class throughout the academic year.

Note: This is a required course for the Public Interest Law Concentration (JD). This course only counts towards the Environmental and Energy Law Concentration (JD) if your course focus is on environmental or energy law. This course only counts towards the Health Law Concentration (JD) if your course focus is on health law.
Additional Information: Public Interest Concentration, Environmental and Energy Law Concentration

Public Interest Law Clinic (LWVL544)

Instructor(s): Robert Fellmeth

1-3 credit(s), H/P/L/F Graded
Requirement(s): Experiential
Concentration(s): Environmental and Energy Law (JD), Health Law (JD), Public Interest Law (JD), Environmental and Energy Law (LLMUS), Environmental and Energy Law (LLMG)

Students who enjoy Public Interest Law and Practice frequently go on to take Public Interest Law Clinic, in which they may design their own writing or advocacy project related to regulatory or public interest law. In the past, these projects have included written critiques of agencies or agency programs; petitioning an agency to adopt regulations; drafting model legislation; participating in litigation to enforce the state's sunshine statutes; or submitting amicus curiae briefs on public interest issues pending appeal. Student critiques of publishable quality may satisfy USD's written work requirement. Students interested in Public Interest Law Clinic must secure a permission slip prior to pre-registration from Professor Julie D'Angelo Fellmeth at CPIL's offices. The clinic is graded on a 4-tier Pass-Fail basis.

Note: There are limitations on JD concentration eligibility. Please check the Environmental and Energy Law Concentration and Health Law Concentration web pages for more information.
Additional Information: Environmental and Energy Law Concentration, Health Law Concentration

Public International Law (LWIC575)

Instructor(s): Frederick Heller

3 credit(s), Letter Graded
Concentration(s): International Law (JD), Public Interest Law (JD), International Law (LLMUS), LLM in International Law (LLMI), International Law (MSLS)

Instant communications, easier travel and expanding international trade mean the actions, interests and welfare of nations and their citizens have become increasingly intertwined, each impacting the others. To regulate this impact, nations have established a multi-level system of law, and some have established multinational organizations which in turn have their own legal systems. This class will survey key components of the resulting aggregation of law (known generally as public international law). It will examine laws governing treaties and other international agreements, the nature and content of customary international law, the recognition of states and governments, the role and operation of international and regional organizations, state responsibilities, laws protecting foreign investments, international dispute resolution mechanisms, the law of the sea and the law of space, and selected other topics. The class will also examine selected controversies of the day to assess how public international law works in difficult situations (for example, in North Korea, Syria, Myanmar, Crimea, Kurdistan and many other places).

Note: This is a required course for the International Law Concentration (JD).