Patent Litigation

Class Unique: 28631
Course Overview: This course will be a hands-on introduction to patent litigation. The class will be taught around a hypothetical patent litigation in a Federal District Court. Through this hypothetical, the students will explore the practical application of key patent law and procedural law concepts. The students will not only discuss relevant Federal Circuit and Supreme Court decisions, but will also argue on behalf of the hypothetical plaintiff's and defendant's positions. Course Structure: Except for the first week, each class will normally begin with 1.5 hours of oral arguments concerning the assignments handed out the prior week. Following a short break, the instructors will discuss practical and legal topics pertaining to patent litigation, typically assisting in preparation of the next week's assignments. In the second week, the class will be divided into Groups A and B. Assignments to each group will be for the duration of the semester. Group A will represent the plaintiff; Group B the defendant. Over the course of the semester, students will follow the litigation from start to finish (complaint through appeal) as counsel for the plaintiff or defendant. Approximately every other week, students will be asked to produce written work (e.g., pleadings, motion papers, deposition outlines, etc.), approximately 3 to 10 pages in length; every week several students will be chosen to argue motions in an oral hearing. Each week students will be provided with additional facts in the case. These facts will be presented in the form of discovery, as in a normal case. For example, over the course of the semester students may receive: documents in response to document requests; responses to interrogatories; excerpts of deposition testimony; expert reports; responses to requests for admission or disclosures. The students will be responsible for synthesizing the facts as they are disclosed over the course of the semester; the facts provided, taken cumulatively, will form the basis for all written assignments. In class, students from both groups will oppose each other in making oral arguments on the motions drafted by the parties. Because there will not be time for all students to argue each week, the instructors will call on some students from each group to argue each week. There will not be advance notice, therefore all students should be prepared to argue the motion every week.

Class Details

Meeting Days Time Location
Thursday 2:00 - 3:40 pm JON 6.203
Evaluation Method Date Time Alpha Range Room

Additional Information

Course Type
Satisfies ABA Professional Skills Requirement


Barzoukas, Nicolas G Barzoukas, Nicolas G
Kudlac, Kevin S Kudlac, Kevin S