Course Descriptions

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Spring 2020 Intellectual Property Class Descriptions

Antitrust (LWBC503)

Instructor(s): Staff

3 credit(s), Letter Graded
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), Public Interest Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Business and Corporate Law (MSLS), Intellectual Property Law (MSLS)

Antitrust law governs the way companies compete with each other. It aims to promote competition by prohibiting anticompetitive conduct. Antitrust is a foundational course for students interested in business law. This course studies the primary federal laws, the Sherman Act and Clayton Act, and teaches principles relevant to state antitrust law as well. The course covers economic concepts but is not a class in economics as such. A final exam will be given.

Note: There are limitations on Intellectual Property (JD) concentration eligibility. Please check the Intellectual Property Concentration web page for more information.
Additional Information: Intellectual Property Concentration (JD)

Art Law (LWIP505)

Instructor(s): Herbert Lazerow

3 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), International Law (JD), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

Some legal problems of the art world encountered by artists, art middlemen, and museums. Some of the following topics will be considered: art in wartime, the international art trade, the artist's rights in works, artistic freedom, the collector's security, the tax collector, and the museum as trustee and entrepreneur. This course draws from doctrines in many fields, including contracts, property, torts, constitutional law, administrative law, tax, intellectual property, and international law.

Note: There are limitations on Intellectual Property (JD) concentration eligibility. Please check the Intellectual Property Concentration web page for more information.
Additional Information: Intellectual Property Concentration (JD)

Artificial Intelligence and the Law (LWIP506)

Instructor(s): Thomas Smith

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property (JD), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

Questions about artificial intelligence and law range from the mundane (Who is liable if a self-driving car causes an accident?) to the sublime (Is it possible to envisage a machine that is a judge or a legislator?). In this course, we will explore pressing questions that will soon be upon us, such as autonomous vehicle liability, and the legality of autonomous weapons under the laws of war. Then we will tackle broader issues, such as workers’ rights (or their absence) in an increasingly automated economy; whether (conscious?) AIs should be treated as legal persons; and whether “the rule of law” can or should survive our society’s encounter with machine intelligence. As we proceed, we will be forced to develop our own tentative answers to questions such as, can machines really be intelligent, or are they just cleverly programmed? And, is AI so dangerous that it should be regulated like nuclear and some biological technologies are? (Bill Gates, Elon Musk and Stephen Hawking seem to think so.) Students will be required to prepare readings, attend the weekly seminars, and write a research-based paper. Enrollment is limited to 19 students.

Copyright Law (LWIP525)

Instructor(s): Abraham Bell

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

This course surveys the law relating to rights in expressive works. We will study what copyright covers – such as books, movies, musical recordings, and software – and distinguish copyright from other forms of intellectual property, such as trademark and patent. We will focus on the exclusive rights granted in copyrightable works, rules governing the transfer of those rights, what acts infringe those rights, what remedies the law provides for infringement, and what limitations the law places on those rights, such as the fair use doctrine. We will discuss some topics of current interest, such as the rules governing the copying and distribution of music over peer-to-peer networks, digital rights management, and open-source software development.  This class features a take home final exam.

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

Corporate Counsel Externship I (LWVL591)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), Health Law (JD), Intellectual Property (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Environmental and Energy Law (LLMC), Intellectual Property (LLMC), Employment and Labor Law (LLMG), Environmental and Energy Law (LLMG), Intellectual Property Law (LLMG)

The Corporate Counsel Externship Program consists of a work component and a class component and allows students to earn academic credit working in the legal department of a corporation, company or other business entity. Students may also work in other departments of a corporation as long as they are supervised by an on-site licensed attorney. Students must work during the academic session for a minimum of 50 hours per unit of credit and may receive 1-6 credits. For purposes of corporate counsel externship work, the academic session is from the official start of classes to the last day of final exams. No academic credit may be earned for corporate counsel externship work outside this time period.

Academic requirements include: mandatory orientation, student journals submitted to the professor relating to the field placement work; discussion boards on legal practice topics; a three-five page reflective paper at the end of the semester; an externship work product for professor review; and an on-site supervisor evaluation showing satisfactory completion of work experience. The Externship is graded on a Pass-Fail basis.

If you have been offered and have accepted a field placement, meet the eligibility requirements, agree to meet the course obligations and want to register for the Externship course, fill out the Field Placement Form here. After you submit the form, the Office of Career and Professional Development will review it and send you an email with directions on how to enroll.

If you have any placements questions, read the FAQ's available at that link.  If the FAQ's do not answer your field placement questions, contact the Office of Career and Professional Development at lawcareers@sandiego.edu. If you have academic questions, contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu.

Note:

There are limitations on JD concentration eligibility. Please check the JD concentrations web pages for more information.


Additional Information: Concentrations, Here

Corporate Counsel Externship II (LWVL589)

Instructor(s): Beth Baier

1-6 credit(s), P/F Graded
Requirement(s): Experiential
Concentration(s): Business and Corporate Law (JD), Employment and Labor Law (JD), Health Law (JD), Intellectual Property (JD), Business and Corporate Law (LLMC), Intellectual Property (LLMC), Employment and Labor Law (LLMG), Intellectual Property Law (LLMG)

Externship II students refine their skills, with a longer opportunity to specialize their training in a specific area. Externship II is limited to students who have previously worked at a Corporate Counsel Externship placement. Please refer to Corporate Counsel Externship I description for additional requirements.

Contact lawcareers@sandiego.edu with placement questions. Contact Professor John Sansone, Academic Director, at jsansone@sandiego.edu with academic questions.

Note: There are limitations on JD concentration eligibility. Please check the JD concentrations web pages for more information. Contact Law Student Affairs to find out if your work in this clinic qualifies for the concentration.
Additional Information: Concentrations, Law Student Affairs

Entertainment Law (LWBC553)

Instructor(s): K.J. Greene

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Employment and Labor Law (JD), Intellectual Property (JD), Employment and Labor Law (LLMG), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

This course is designed to introduce participants to the legal dynamics that undergird the American entertainment industry, a global economic and cultural juggernaut.

At the core of Entertainment Law are two legal regimes:

1)intellectual property (“IP”), including copyright, trademark and rights of publicity, and

2)Contract law.

Entertainment Law explores these regimes, from deals, such as “360” sound recording agreements to disputes, such as Lil’ Wayne’s breach of contract suit against Cash Money.

Using interactive media, video and music clips, Entertainment Law will use materials, including cases, contracts and statutes to explore the motion picture, video game, television and music industries from transactional, economic, clearance and litigation perspectives.

From rapper Jay Z’s copyright infringement lawsuit in the “Big Pimpin’” case, to Run-DMC’s trademark infringement suit against Target, and Pamela Anderson’s breach of contract case by film producer, and more, Entertainment Law will immerse participants in the law behind the glitter and glitz of the entertainment industry.

Participants will write a scholarly paper on a relevant topic in lieu of an exam for this course.

Global Antitrust (LWBC566)

Instructor(s): Roy Hoffinger

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Business and Corporate Law (JD), Intellectual Property (JD), International Law (JD), LLM in Business and Corporate Law (LLMB), Business and Corporate Law (LLMC), Intellectual Property (LLMC), International Law (LLMC), Intellectual Property Law (LLMG), LLM in International Law (LLMI), Business and Corporate Law (MSLS), Intellectual Property Law (MSLS), International Law (MSLS)

This course introduces students to antitrust law in leading jurisdictions worldwide. As economies become increasingly global, U.S. and other businesses can be directly and indirectly affected by these laws, including especially laws outside the U.S., which are materially more restrictive than corresponding U.S. law. The course is designed to provide students with at least rudimentary familiarity with basic concepts, as well as approaches to utilize with business clients regarding their operations and expectations. In addition, the course will cover the impact of politics, industrial policies and the enforcement process, all of which are often determinative in lieu of antitrust principle and evidence.

Note: There are limitations on Intellectual Property (JD) concentration eligibility. Please check the Intellectual Property Concentration web page for more information.
Additional Information: Intellectual Property Concentration (JD)

Intellectual Property Law Speaker Series (LWIP555)

Instructor(s): Ted Sichelman

1 credit(s), P/F Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)
Prerequisite(s): See course description

The IP Law Speaker Series will feature seven distinguished speakers, typically leading academics, during the course of the semester. The speakers will address a variety of topics in patent, trademark, copyright, and trade secret law. Attendance at all seven speaker sessions is required. Students will draft a 1-2 page comment for each presented paper, which will be graded pass/fail. Students must have taken a course in some area of intellectual property, or have work experience in the field, to register for the course. 

International Intellectual Property (LWIC545)

Instructor(s): Lisa Ramsey

3 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), International Law (JD), Intellectual Property (LLMC), International Law (LLMC), Intellectual Property Law (LLMG), LLM in International Law (LLMI), Intellectual Property Law (MSLS), International Law (MSLS)

This course examines international protection of intellectual property. We will discuss international treaties, trade agreements, and dispute resolution systems relating to trademarks, patents, copyrights, and related rights. The course will also cover acquisition and enforcement of intellectual property rights in foreign markets.

Patent Prosecution (LWIP571)

Instructor(s): Mark Abumeri, Derek Dailey

2 credit(s), Letter Graded
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMC), 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.

Privacy Law (LWGC581)

Instructor(s): Alan Blankenheimer

3 credit(s), Letter Graded
Requirement(s): Writing
Concentration(s): Intellectual Property (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

Privacy and data security issues are becoming increasingly important to businesses, individuals and governments in light of new information technologies and new threats to their, and our national, security. From the Equifax and Sony hacks to the NSA to iPhone encryption, information privacy law is now essential knowledge in boardrooms and courtrooms. This course will provide an introduction to the constitutional and common law origins of the law of privacy and to the statutory framework in California and at the federal level for protecting private information. 


Additional Information: Intellectual Property Concentration (JD)

Trade Secrets (LWIP575)

Instructor(s): David McGowan

3 credit(s), Letter Graded
Concentration(s): Employment and Labor Law (JD), Intellectual Property (JD), Intellectual Property (LLMC), Intellectual Property Law (LLMG), Intellectual Property Law (MSLS)

This course provides an introduction to trade secret law. Subjects include the definition of trade secrets, the means by which trade secret protection is distinguished from copyright and patent law, and issues in enforcing trade secret protection. We will study the federal Defend Trade Secrets Act, the Uniform Trade Secrets Act, and California trade secrets law, as well as the relationship between trade secrets protection and California's policy against enforcing non-compete agreements. This class will have a take-home midterm and final exam administered on TWEN.