Course Descriptions

Fall 2016 Class Descriptions

Patent Law (Maria V. Stout, Joseph M. Reisman)
LWIP570

2 credit(s), Standard Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)

The purpose of this course is to prepare students to understand the law and analyze the problems involved in protecting inventions under U.S. Patent Laws and in protecting trade secrets under the common law and the California Trade Secret Statute. Although the protection of state-of-the-art technology, including software and biotechnology, is included in portions of the course, technical or scientific expertise of the student is not a prerequisite.

Note: May be applied as part of the six required credits for the Intellectual Property Concentration (JD).

Patent Litigation at the PTO (Nancy Linck)
LWIP559

1 credit(s), Standard Letter Graded
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)
Prerequisite(s): Patent Law or Intellectual Property Survey

Patent litigation before the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office (USPTO) in the form of post-grant trials challenging the validity of issued patents, including post-grant review, inter partes review, and covered business methods, was established in the America Invents Act of 2011 (“AIA”). Since that time, more than 4000 petitions for review of issued patents through post-grant trials have been filed, and many of the cases have now made it through the appeal process at the Federal Circuit. Unlike ordinary litigation, because post-grant trials are at the USPTO, patent prosecutors are often directly involved. Additionally, the vast majority of post-grant trials are coupled with ongoing, parallel litigation in district court. For that reason, patent litigators and patent prosecutors must be intimately familiar with the law governing post-grant trials. Students who successfully complete the course will have an in-depth knowledge of the law and common fact patterns regarding post-grant trials. Students will also develop an in-depth knowledge of the Federal Rules of Evidence to the extent they are relevant to post-grant trials and an understanding how PTAB trials differ from those in federal court. The course is letter-graded and is based on a final examination and class participation. Intellectual Property Survey, Patent Law, or patent agent credentials or other study or work experience in patent law is a prerequisite. This class will be taught for 7 weeks.

Patent Litigation I (Michael Amon)
LWIP568

2 credit(s), H/P/L/F Graded
Requirement(s): Skills
Concentration(s): Intellectual Property Law (MSLS), Intellectual Property Law (LLMG), Intellectual Property (LLMC), Intellectual Property (JD)
Prerequisite(s): Patent Law or concurrent enrollment

The patent litigation course provides substantive patent law knowledge with a focus on the practical application and litigation skills. This course is appropriate for students who have taken or are taking patent law and other intellectual property courses and who are seeking to deepen and refine their understanding of how patent litigation actually works. This course will be of particular interest to students who envision practicing in the areas of patent litigation or patent prosecution. Grading will be based on written assignments, participation in classroom discussions, and participation in the various in-class exercises. Previous coursework in general patent law is recommended but not required. Patent Law is a pre-or-co-requisite.The course is graded on a 4-tier Pass-Fail basis

Phil Foundations of the US Constitution (Thomas A. Smith)
LWPP572

3 credit(s), Standard Letter Graded
Requirement(s): Writing

The U.S. Constitution has extraordinarily rich intellectual roots. In this seminar, we will explore them, concentrating on the ideas of natural rights, republicanism and constitutionalism. We will look at such major thinkers as Locke, Montesquieu, the authors of the Federalist Papers, Jefferson, and some of their opponents and critics, such as Machiavelli and Hobbes, and how their ideas bore on the framing. We will also look at some contemporary interpreters of theories of rights, constitutionalism and republicanism. Students will write a paper. Participation in the seminar discussions is required. This course fulfills the writing requirement for students who successfully complete the research paper.

Professional Responsibility (David W. Brennan, David McGowan)
LWAA580

3 credit(s), Standard 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.

Public Interest Law & Practice (Robert C. Fellmeth)
LWPP570

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

4 or 5 credits - Year-long course Students study the substantive laws governing the functioning and decision making of state administrative agencies. These laws include the "sunshine statutes" which require most agency decision making 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 two California agencies; they travel all over the state to attend agency meetings, monitor and analyze their activities, interview agency officials and licensees, and track rulemaking, legislation, and litigation affecting their agencies. Twice during the year, students submit written reports on the activities of their assigned agencies. These reports are edited by CPIL professional staff and published, with attribution to the student author, in the Center's California Regulatory Law Reporter, the only legal journal of its kind in the nation; the Reporter is reprinted in full on Westlaw. Students wishing to take Public Interest Law and Practice should pre-register for the course. Public Interest and Practice is subject to a special application procedure or visit the CPIL’s offices (rear door of the LRC) for further information.

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 (Robert C. Fellmeth)
LWVL544

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

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. 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

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