Course Schedule

This course provides a practical understanding of the primary business objectives and legal considerations in forming joint  ventures (“JVs”) and the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on JVs carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table.

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned an on-call topic and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of different hypothetical clients in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

This course provides a practical understanding of the primary business objectives and legal considerations in forming joint  ventures (“JVs”) and the core legal documents commonly used to govern them. While the form and terms of a JV can widely vary, we will focus primarily on JVs carried out through separate legal entities and, with a few exceptions, assume the JV and JV parties are US entities. Throughout the semester, students will not only gain an understanding of common business and legal terms negotiated in the formation of a JV, but also see how those concepts are translated into the form of a legal agreement using model documents (primarily the limited liability company agreement  or shareholders agreement). We will also use select facts pertaining to real life JVs to illustrate the areas of possible tension or alignment between JV parties and how different types of JV partners (financial vs. strategic) bring different contributions and concerns to the table.

25% Class Participation/Weekly Quiz - At the beginning of the semester, each student will be assigned an on-call topic and students may be called on to discuss the core components of the topic at hand (Ownership Structures, Governance, Transfer Rights, etc.) or the objectives and considerations of different hypothetical clients in respect of said topic. There will also be a 5 question multiple choice comprehension quiz on canvas to be completed once a week.

75% Drafting Exercises (3 total) - Over the course of the semester students will complete two drafting exercises where they will be asked to review and propose revisions to or interpretations of select provisions of a joint venture agreement using a hypothetical fact pattern and client goals based on readings and class discussions on the applicable topic(s). There will be a third and final assignment to be completed as a take-home final which will require students to analyze a hypothetical fact pattern and documents using the knowledge gained over the course of the semester  

It is strongly suggest students take Business Organizations/Associations as a pre-requisite or at a minimum concurrently with the course.

The objective of the class is to give students a hands-on experience of the major issues in patent cases from case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court, learning over the course of several arguments how to zealously advocate for their clients while accurately recounting the facts and law. Other judges and special masters who handle certain motions and hearings will preside over some of the classes to expose the students to a wider variety of adjudicators. Additionally, in-house and outside counsel trial lawyers and experts will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course. Example motions in patent cases that students should prepare to undertake are: 1. Motion to dismiss 2. Motion to transfer 3. Claim construction briefing 4. Discovery motion 5. Daubert motion 6. Motion for summary judgment

The objective of the class is to give students a hands-on experience of the major issues in patent cases from case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court, learning over the course of several arguments how to zealously advocate for their clients while accurately recounting the facts and law. Other judges and special masters who handle certain motions and hearings will preside over some of the classes to expose the students to a wider variety of adjudicators. Additionally, in-house and outside counsel trial lawyers and experts will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course. Example motions in patent cases that students should prepare to undertake are: 1. Motion to dismiss 2. Motion to transfer 3. Claim construction briefing 4. Discovery motion 5. Daubert motion 6. Motion for summary judgment

The objective of the class is to give students a hands-on experience of the major issues in patent cases from case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court, learning over the course of several arguments how to zealously advocate for their clients while accurately recounting the facts and law. Other judges and special masters who handle certain motions and hearings will preside over some of the classes to expose the students to a wider variety of adjudicators. Additionally, in-house and outside counsel trial lawyers and experts will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Example motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss
2. Motion to transfer
3. Claim construction briefing
4. Discovery motion 
5. Daubert motion
6. Motion for summary judgment

The objective of the class is to give students a hands on experience of the major issues in patent cases that are joined between case filing and pre-trial. Students will take briefing from actual motions that were previously pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court. Magistrate judges and technical advisors who handle discovery motions and Markman hearings will be invited to handle some of the classes to expose the students to a wider variety of judges. Additionally, in-house and outside counsel patent trial lawyers will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the Austin federal courthouse. Accordingly, students should expect some non-standard meeting times. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Standard motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss under Rule 12(b)(6) or Section 101
2. Motion to transfer either from Waco to Austin or from the WDTX to another district
3. Markman hearing to construe claim terms
4. Discovery motion 
5. Motion for summary judgment
6. Daubert motion

The objective of the class is to give students a hands on experience of the major issues in patent cases that are joined between case filing and pre-trial. Students will take briefing from actual motions that either are or have been pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court.  Magistrate judges who handle discovery motions will be invited to handle one or two of the classes to expose the students to a wider variety of federal judges. Additionally, patent trial lawyers who are friends of the Court will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the law school, in the Austin federal courthouse, and by ZOOM. Accordingly, students should expect some non-standard meeting times and locations. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Standard motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss (a) 12(b)(6) or under Section 101
2. Motion to transfer either from Waco to Austin or from the WDTX to another district
3. Markman hearing to construe claim terms
4. Discovery motions 
5. Motion for summary judgment
6. Daubert motion
7. Motion in limine 

The objective of the class is to give students a hands on experience of the major issues in patent cases that are joined between case filing and pre-trial. Students will take briefing from actual motions that either are or have been pending in Judge Albright’s Court. Students will prepare and argue both sides of the motions before Judge Albright as though they were arguing in court.  Magistrate judges who handle discovery motions will be invited to handle one or two of the classes to expose the students to a wider variety of federal judges. Additionally, patent trial lawyers who are friends of the Court will be available to the students to help coach them as they prepare for their hearings. To provide different experiences for the students in terms of venue, arguments will be made in the courtroom at the law school, in the Austin federal courthouse, and by ZOOM. Accordingly, students should expect some non-standard meeting times and locations. We will work with everyone in the class to ensure that any proposal to meet at an irregular time is acceptable to all students in the course.

Standard motions in patent cases that students should prepare to undertake are:

1. Motion to dismiss (a) 12(b)(6) or under Section 101
2. Motion to transfer either from Waco to Austin or from the WDTX to another district
3. Markman hearing to construe claim terms
4. Discovery motions 
5. Motion for summary judgment
6. Daubert motion
7. Motion in limine 

This course examines the doctrines and policies animating United States patent law. Topics include: the structure of the patent system, requirements of patentability, claim construction, infringement, defenses, and remedies. There are no prerequisites. The course is designed to be accessible to students without a background in science or engineering. Though a technical degree is required to practice at the Patent Office, many patent lawyers--especially patent litigators--do not have technical backgrounds. The casebook is Masur & Ouellette's Patent Law: Cases, Problems, and Materials, which you can download for free at https://www.patentcasebook.org.

This course examines doctrines and policy concerns of United States patent law. Topics examined include eligible subject matter for patenting, conditions for patentability, patent specification and claim requirements, infringement, defenses and remedies. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. Course materials will include the latest edition of Patent Law and Policy: Cases and Materials by Robert Merges and John Duffy.

This course examines doctrines and policy concerns of United States patent law. Focal points include (1) patentability requirements such as eligible subject matter, novelty, and nonobviousness; (2) assessment of patent scope and forms of infringing activities; and (3) theories and institutions of patent law. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. Students are required to participate in class on "on call" panel days. Grading will be based on satisfaction of the panel requirement and performance on a one-day, take-home examination.

This course examines doctrines and policy concerns of United States patent law. Focal points include (1) patentability requirements such as eligible subject matter, novelty, and nonobviousness; (2) assessment of patent scope and forms of infringing activities; and (3) theories and institutions of patent law. There are no specific prerequisites. The course is designed to be accessible to students without a science or engineering background. 

This course covers the foundational legal doctrines of U.S. Patent Law and highlights the relationship of patent law to other areas of intellectual property law (e.g., copyright, trade secrets). The course is not geared toward preparation for the patent bar exam, but instead focuses on the principles of patent law, important litigation and patent drafting strategies, and the rapidly evolving case law in this area. There are no prerequisites for this course, and no technical background is required.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.

This Patent Litigation course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal (time permitting).   Students will be divided into two roughly equal groups, one representing the plaintiff (and patent owner), the other will represent the defendant. Students will develop a patent litigation between two fictional companies. The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, pretrial/trial, and appeal.  The course will also cover inter partes review and the Patent Trial and Appeal Board.  We will also discuss mediation and settlement.

This course covers practical aspects of preparing and prosecuting patent applications with the United States Patent and Trademark Office and non-U.S. patent offices.  Hands-on experience will be obtained with analyzing invention disclosures, preparing claims, preparing patent applications, responding to restriction requirements, responding to office actions, filing appeal briefs, filing continuing applications, etc. 

This course covers practical aspects of preparing and prosecuting patent applications with the United States Patent and Trademark Office and non-U.S. patent offices.  Hands-on experience will be obtained with analyzing invention disclosures, preparing claims, preparing patent applications, responding to restriction requirements, responding to office actions, filing appeal briefs, filing continuing applications, etc. 

This course covers practical aspects of preparing and prosecuting patent applications with the United States Patent and Trademark Office and non-U.S. patent offices.  Hands-on experience will be obtained with analyzing invention disclosures, preparing claims, preparing patent applications, responding to restriction requirements, responding to office actions, filing appeal briefs, filing continuing applications, etc. 

This course covers practical aspects of preparing and prosecuting patent applications with the United States Patent and Trademark Office and non-U.S. patent offices.  Hands-on experience will be obtained with analyzing invention disclosures, preparing claims, preparing patent applications, responding to restriction requirements, responding to office actions, filing appeal briefs, filing continuing applications, etc.  

This course covers practical aspects of preparing and prosecuting patent applications with the United States Patent and Trademark Office and non-U.S. patent offices.  Hands-on experience will be obtained with analyzing invention disclosures, preparing claims, preparing patent applications, responding to restriction requirements, responding to office actions, filing appeal briefs, filing continuing applications, etc.