Patent Advocacy

Course Information

Registration Information

Meeting Times

Day Time Location
FRI 5:35 - 7:25 pm TNH 3.140

Evaluation Method

Type Date Time Location


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 

Textbooks ( * denotes required )

No materials required


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Important Class Changes

Date Updated
08/11/2021 Course title updated