Patent Advocacy

• Semester: Fall 2023
• Course ID: 296V
• Credit Hours: 2
• Unique: 29540

Description

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