Indiana University Bloomington

IP (And IP-Adjacent) Course Offerings: 2019-2020

Fall 2019

##: indicates courses that satisfy the advanced writing requirement
**: indicates courses that satisfy the research requirement
^^: indicates courses that meet the experiential requirement

  • B551 Intellectual Property Externship  – Janis, M.
  • B561 Elmore Entrepreneurship Law Clinic ^^ (3) – Need, M.
    The Elmore Entrepreneurship Law Clinic is designed to provide students the unique opportunity to work on actual business formation, planning, and strategy issues in a multidisciplinary setting. Students interested in transactional law practice, advising entrepreneurs, or becoming entrepreneurs are typical candidates for participation in the Clinic.
    The Clinic operates much like a small law firm, with Clinic interns working under the supervision of the Clinic Director, providing legal and business consulting to a variety of early stage companies. Client projects vary widely, but frequently include advising clients on appropriate business form; drafting necessary formation documents; obtaining permits and licenses; negotiating contracts and leases; and providing business planning advice. Students frequently have opportunities to review and provide feedback on business plans of actual startups.
    Clinic interns meet with the Director in groups or individually to review project status and to discuss experiences and concerns. Clinic interns also attend a two-hour class each week. The course surveys typical legal issues affecting entrepreneurial enterprises, including choice of entity issues; ownership and governance issues; employment issues; operational liabilities and insurance issues; financing issues; and employment issues.
    Strongly suggested prerequisites for participation in the Clinic include Corporations, Corporate Taxation, and Business Planning, or equivalent preparations as determined by the Director. Per Indiana Supreme Court Rules, students participating in the Clinic must also have completed or be in enrolled in a Professional Responsibility course. 3Ls or 4th-year JD/MBAs only. Enrollment in the clinic is limited, so students must, at or prior to enrollment, submit a current resume and a brief statement of interest to the Director by email in order to obtain permission to participate, and proceed to enroll in the course while awaiting approval.
    • T 5:35—6:30 PM. Rm L312
  • B572 Intellectual Property  Clinic ^^ (3-4) – Hedges, N.
    In this introductory section of the IP Clinic course, students have the opportunity to work directly with clients on a wide range of actual intellectual property law matters (e.g. patent, trademark, and copyright applications, interaction with the United States Patent & Trademark Office (USPTO), licenses, due diligence, and non-infringement and/or invalidity opinions).  Students interested in IP law and advising individuals, start-ups, and small business are candidates for the Clinic. Because the Clinic is certified by the USPTO, students are eligible to receive temporary registration to practice before the USPTO. The Clinic is organized much like a law firm, with students working with other students and adjunct professors under the supervision of the Clinic Director.  Students meet with the Director to review project status and to discuss experiences and concerns and attend at least a two-hour class each week. Students elect to participate in either (1) the patent section of the Clinic (3 credits); (2) the non-patent section of the Clinic (trademark and other non-patent IP matters) (3 credits); or (3) both sections (4 credits). Class sessions survey practical IP legal issues, including ethics, ownership, protection strategies, infringement avoidance, and client counseling.
    Enrollment in the Clinic is limited, so students must submit a resume and an interest statement to the Director to obtain permission to enroll. Strongly suggested prerequisites or corequisites include at least one of Patent Law, Trademark Law, or Survey of IP or equivalent experience.  3-4 credits, professional skills.
    • R 8:45 AM (Soft IP); 9:50 AM (Intro IP Clinic); 10:50 AM (Patents)
  • B572 Advanced Intellectual Property  Clinic ^^ (1-4) – Hedges, N.
    Advanced IP Clinic provides students the opportunity to work directly with clients on actual intellectual property law matters (e.g. patent, trademark, and copyright applications, interaction with the United States Patent & Trademark Office (USPTO), licenses, due diligence, and non-infringement and/or invalidity opinions).  Students eligible for this course have already participated in the IP Clinic (B572) and participate in this course in the role of “senior associates” in the IP Clinic’s law firm framework. This course allows students to advance their skills and IP Clinic experiences, digging deeper into past IP Clinic projects and client relationships.  Expectations for supervision, legal skills, administrative knowledge, communications, etc. increase as students transition from “junior associates” to “senior associates.”
    Class sessions survey practical IP legal issues, including supervision, advanced client development, transitioning to partner, and transitioning out of a law firm.
    Enrollment in Advanced IP Clinic is limited, so students must submit an interest statement to the IP Clinic Director to obtain permission to enroll. IP Clinic (B572) is a prerequisite.  1-4 credits, professional skills. Students are allowed to enroll in this course for multiple semesters; however, total credits for the Advanced IP Clinic will be limited to 8 total credits, not including any credits obtained in IP Clinic (B572).
    • R 8:30 AM (Advanced IP Clinic); 8:45 AM (Soft IP); 10:50 AM (Patents)
  • B587 Information Security Law (3) – Cate, F.
    Information security is a rapidly expanding and very important area of law. It responds to the need in our increasingly data–dependent society to secure information and information systems from unauthorized access, destruction, alteration, and misuse. As a result, it affects every segment of our economy and almost every aspect of our lives. This course will examine some of the most pressing threats to data and systems, the major legal and practical responses, and the policy issues they raise, with a particular focus on individuals, corporations, not for profit organizations, and civilian government agencies. No technical knowledge is required. Updated 3/19
    • M/T/W 8:15—9:40 AM. Rm 216
  • B590 Entertainment Law (2) – Meitus, R.
    Entertainment law is a respected area of legal practice dealing with representation of both creative talent and business interests. Entertainment law has most notably been at the forefront of popular culture as forms of media distribution have moved to the Internet in digital forms. This course will provide students with the opportunity to develop both a practical understanding of representing creative and business interests in the fields of music, film & television and literary publishing and a theoretical understanding of the broader IP and constitutional issues at stake with regard to control of creative media. The course is designed to be useful even if a student does not go on to practice directly in the entertainment or media law fields. Either of the courses Survey of Intellectual Property Law or Copyright Law are recommended to be taken either prior to or concurrently with Entertainment Law (but are not required). The subject matter of Entertainment Law, though drawing on copyright law to some extent, does not significantly overlap with any other course to an extent that would preempt students from taking both. Updated 3/19
    • M/T 1:15—2:10 PM. Rm 124
  • B662 Copyright Law (3) – Leaffer, M.
    This course provides an introduction to federal copyright law, beginning with a historical overview and leading to current day developments. Matters to be covered include the nature of protected subject matter, the idea–expression dichotomy, duration, the bundle of rights conferred by copyright, joint works, works made for hire, fair use, and remedies for infringement. Special attention will be paid to technological developments affecting copyright, including issues related to computer software and the Internet. Updated 3/19
    • Note from Professor Leaffer: Even diehard patent people should consider this course for a well-rounded education in IP and the fact that today’s copyright law overlaps patentable subject matter (software, database protection, artificial intelligence, etc.).
    • M/T/W 9:50—10:45 AM. Rm L211
  • B708 Information Privacy Law I (3) – Tomain, J.
    Privacy law and policy is one of the most important and rapidly expanding (and changing) fields in the world today. Increasingly most aspects of daily life involve the (often unwitting) collection, communication, and use of personal data. As personal data are generated and collected more widely, and are far more revealing, governments are challenged to determine the proper limits and regulatory structures to enforce those limits, while businesses and other data users must determine how to comply with those emerging rules, often in the context of new technologies and unclear norms. The field of information privacy has grown so large that we are now covering it in two courses. Information Privacy I (this course) will address the academic and constitutional background to privacy, the intersection of privacy and free speech, the protection of privacy in law enforcement, and (time permitting) privacy considerations in national security. Information Privacy II (not this course) will focus on privacy issues involving government records, and commercial and international contexts. Updated 3/19
    • M/T/W 3:25—4:20 PM. Rm 213
  • B734 Advocacy: IP (1) – Janis, M.
    This course is the for-credit component of students participation on one of the IP Moot Court teams, which include AIPLA, INTA, Oxford International IP Moot, and the International Patent Drafting Competition. Enrollment is by permission of the instructor only. Before enrolling under this course number, please confirm your participation on the IP Moot Court Team with the CIPR Administrative Director, Casey Nemecek (cipr@indiana.edu).
    • AIPLA: R 3:25 PM
    • INTA & Oxford: by arrangement with instructor, Professor Janis
    • Patent Drafting: by arrangement with instructor, Prof. Hedges
  • B743 Patent Law (3) – Janis, M.
    This class surveys United States patent law, with an emphasis on the decisions of the Court of Appeals for the Federal Circuit, the U.S. Patent and Trademark Office (USPTO), and the U.S. Supreme Court. The structure follows the basic steps of a patent infringement suit, addressing claim construction, validity, infringement, defenses and remedies. In general, we will draw on cases involving straightforward and sometimes even humble technological developments that illustrate fundamental patent law principles. We will learn how patent law arguments are developed and rebutted before the courts and the USPTO; how the institutions of the patent system operate and how they might be improved; and how changes to the patent law regime, including those enacted as part of the America Invents Act, affect a wide range of innovators, from start–ups to universities to multi–national tech companies. The exam is an open–book take–home exam. Updated 3/19
    • Note from Professor Janis: Patent Law is a prerequisite for several upper-level courses (Patent Prosecution; Patent Trial Practice; Federal Circuit Advocacy) and is strongly recommended for IP Clinic.  Contrary to rumor, you don’t need a technical background to take this course. It’s one of our core IP courses. You should consider taking it even if you’re certain that you’re interested in non-patent IP.
    • M/T 8:15—9:40 AM. Rm 213
  • B726 IP Antitrust (3) – Knebel, D.
    This course will focus on the interplay between the antitrust laws and laws protecting intellectual property such as inventions, works of authorship and trademarks. Although both sets of laws are ultimately intended to make our economy more innovative and productive, their distinct ways of accomplishing that objective often seem to put them at odds with each other and courts are routinely called upon to resolve those conflicts. In the process of looking at these conflicts and their resolution, the course will provide an understanding of basic antitrust principles that may be sufficient for students not intending to concentrate in that area. No previous exposure to antitrust is expected or required. It is recommended that students have taken at least one intellectual property course, or be concurrently enrolled in one. Updated 3/19
    • Typically offered every other year.
    • M/T 3:25—4:50 PM. Rm 214
  • L730 Seminar in Intellectual Property ** (3) – Leaffer, M.
    This Seminar has two goals. The first is provide students the opportunity to write a substantial paper relating to their interest in IP. The second goal is expose students to current developments in IP and cutting edge legal scholarship. In this regard, our class sessions will feature invited intellectual property law scholars who will deliver works–in– progress to the class for discussion and review. In past years, we have offered an IP Colloquium (involving invited speakers) and a separate IP Seminar. This year we’re providing a unique opportunity for students to engage in a seminar that also blends in elements of the IP Colloquium. Updated 3/19
    • Note from Professor Leaffer: I will invite speakers from all areas of IP to discuss international and comparative aspects of the subject. On the weeks that we don’t have  a speaker, we will examine issues relating to the upcoming presentations. Students will write papers on the issues of their choice and will give a short presentation on their topic toward the end of the semester.
    • R 1:15—3:15 PM. Rm 216

Spring 2020

Scheduled class times and locations may change.

  • B532 Federal Circuit Advocacy (3) – Castanias, G.
    The U.S. Court of Appeals for the Federal Circuit is an important but controversial part of the federal judicial system. It was formed by an Act of Congress in 1982 with the predominant goal of “strengthen[ing] the United States patent system in such a way as to foster technological growth and industrial innovation.” In the intervening 35 years, with the Federal Circuit becoming the exclusive appellate court for patent cases, the United States has indeed seen significant technological growth, but the court has also been widely criticized as being out of step with the Supreme Court, which has regularly reversed the Federal Circuits patent decisions in recent years with some judges and academic writers even calling for the courts ouster as the exclusive appellate venue for patent cases. Nonetheless, given its central role in administering the U.S. patent system it has appellate jurisdiction over virtually every kind of patent-related case that a court or administrative agency could decideit is critical for any practitioner (particularly, but not limited to, IP practitioners), whether a future litigator or otherwise, to possess a systematic understanding of the Federal Circuit, its history, procedures, doctrines, and dynamics. Through selected readings, vigorous class discussion, visits by former (and perhaps current) Federal Circuit judges, and a mock Federal Circuit argument (among other facets of the course), students should complete the class with a far better understanding of this unique court. No specialized knowledge of or background in IP or patent law is required for this course. The professor, who has appeared before the Federal Circuit more than almost any other lawyer in the country, majored in English and Philosophy and never took an IP course in law school.
    • Typically offered every other year.
    • R 2:20—4:20 PM. Rm 120
  • B544 Intellectual Property  Transactions (3) – Mattioli, M.
    Through case studies, class exercises, and in-class discussions, this course introduces students to the theory and practices of IP transactions. In addition, agreements adapted from practice and copies of publicly available deal papers will be used as the basis for in-class exercises. As the course progresses, the complexity and depth of these exercises will expand from discrete topics to fact patterns that take several sessions to work through.
    • Typically offered every other year.
    • M/T 3:25 — 4:20 PM. Rm 213
  • B549 International Intellectual Property (3) – Janis, M.
    The law of intellectual property (patent, trademark, and copyright) has increasingly assumed an international dimension. In today’s world of intellectual property law, one must understand how the rights of inventors, brand name owners, and creative artists, and software developers are protected in international and comparative law. Mirroring this reality, this course has two basic objectives. One is to equip students with the methodology necessary to engage in international intellectual property practice in both public and private international law. It will consider topics such as territoriality, national treatment, choice of law, multilateral treaties, and regional agreements that the frame the substantive rules and practice of intellectual property law in a transnational setting. As a second objective, this course will consider intellectual property from a comparative law dimension. In this regard, it will focus on the basic differences in the approach to patent, trademark, and copyright law in national and regional systems. Within this theme, this course will examine the cultural and economic differences that have led to divisions between developed and developing countries on the protection of intellectual property.
    • M/T/W 2:20—3:15 PM. Rm L211
  • B551 Intellectual Property Externship  – Janis, M.
  • B561 Elmore Entrepreneurship Law Clinic ^^ (3) – Need, M.
    (See description under fall courses).
    • T 5:35—6:30 PM. Rm L312
  • B572 Intellectual Property  Clinic ^^ (3-4) – Hedges, N.
    • R 8:45 AM (Soft IP); 9:50 AM (Intro IP Clinic); 10:50 AM (Patents)
  • B572 Advanced Intellectual Property  Clinic ^^ (1-4) – Hedges, N.
    • R 8:30 AM (Advanced IP Clinic); 8:45 AM (Soft IP); 10:50 AM (Patents)
  • B661 Law & Biomedical Advance (3) – Cripps
    This course will examine the ways in which law is being affected by latest advances in biomedicine, including precision medicine. The sequencing of the human genome has brought us sophisticated genetic testing, screening and the possibility of human genetic modification. These are relatively new arrivals in doctors’ and pharmaceutical companies’ array of offerings. The cloning of genes, and indeed whole organisms, raises new questions for lawyers, whether they specialize in property, tort, criminal law, insurance, or intellectual property. Fascinating constitutional questions must now also be addressed, as is illustrated by litigation instigated by the Association for Molecular Pathology, the ACLU and others against a company holding patents on human genes. The new synthetic biology, which involves the creation of organisms in laboratories, will also be considered, as will novel legal questions that it raises. Three parent embryos, chimeras and other related technologies also spark legal and ethical issues that will merit our attention. No prior knowledge of either biotechnology or intellectual property law is necessary for this class, which will be conducted in an open discussion format. Updated 10/18
    • M/T/W 3:25—4:20 PM. Rm 216
  • B728 Information Privacy Law II (3) – Tomain, J.
    Privacy law and policy is one of the most important and rapidly expanding (and changing) fields in the world today. Increasingly, most aspects of daily life involve the (often unwitting) collection, communication, and use of personal data. As personal data are generated and collected more widely, and are far more revealing, governments are challenged to determine the proper limits and regulatory structures to enforce those limits, while businesses and other data users must determine how to comply with those emerging rules, often in the context of new technologies and unclear norms. The field of information privacy has grown so large that we are now covering it in two courses. Information Privacy Law I (not this course) will address the academic and constitutional background to privacy, the intersection of privacy and free speech, and the protection of privacy in law enforcement and national security. Information Privacy Law II (this course) will focus on privacy issues in commercial, consumer, government, and international contexts. Information Privacy Law II is a survey course that will provide a foundational background in some or all of the following substantive areas of law: (1) Government Records; (2) Financial Data; (3) Consumer Data; (4) Data Security; (5) Education Privacy; (6) Employment Privacy; and (7) International Privacy Law. While Information Privacy Law I is not a prerequisite, students are encouraged to take both courses in sequence.
  • B734 Advocacy: IP (1) – Janis, M.
  • B751 IP Survey (3)
    This course provides a broad overview of intellectual property law, one of the fastest growing areas of the law and one that has become relevant to virtually all areas of modern legal practice. The course is designed for students who do not necessarily intend to specialize in intellectual property, and does not require any background in technology. The course considers patent, trademark, copyright law and related bodies of state law, such as trade secret and the right of publicity. Patents protect technological information (inventive products and processes); copyrights cover expressive information (art, literature, music, computer software); trademarks encompass symbolic information (brand names, and other identifying symbols). Students who complete the course may wish to enroll in other upper-level intellectual property courses that we offer here, although this course is not a prerequisite for those courses.
  • B738 Cybersecurity (3) – Fidler, D.
    Enhancing cybersecurity is a critical issue affecting the competitiveness of firms and the security of governments. Increasingly, policymakers are fashioning regulatory schemes around the world that promise to shape not only the day-to-day realities of operating information systems, but also cyberspace itself. This course takes an interdisciplinary, global approach to introduce students to cybersecurity law and policy. Course content includes hot topics in cybersecurity litigation and applicable U.S. state and federal law as well as comparative and international law related to managing cyber attacks. Connected topics such as Internet governance and cybersecurity ethics will also be addressed. Ultimately, we will analyze regulatory solutions as part of a larger universe of reforms needed to enhance cybersecurity and safeguard intellectual property.
  • B758 Trademark & Unfair Competition (3) – Janis, M.
    This course will introduce students to U.S. trademark law, the law of unfair competition, and related common law doctrines that protect against consumer confusion and the appropriation of commercial goodwill. The course will explore how the government provides trademark rights (including the registration process), trademark infringement (including defenses and remedies), and the loss of trademark rights. In addition to focusing on statutory law and doctrine, the course will examine the economic foundations of trademark protection and evaluate current trends in trademark law. Updated 10/18
    • M/T/W 8:45—9:40 AM. Rm 213
  • B785 Patent Trial Practice – Knebel, D.
    The Patent Trial Practice course will teach the basic skills of a patent litigator by providing experiences as close as practical in a law school environment to those of a practicing litigator. The class of no fewer than eight nor more than twelve students will be divided at the beginning of the course into a plaintiff’s team and a defendant’s team, which will prepare and take to trial a hypothetical infringement case typically based on an actual United States patent. The hypothetical will be constructed to present generally balanced infringement, validity and/or damage issues. Team members will have the opportunity to participate in mock hearings, take and defend mock depositions, participate in mediation and participate in a mock jury trial before an actual federal judge. Team members may also interact with law students in Taiwan on matters of strategy. Participation in these activities will be arranged so that each student will get at least two half-hours of opportunities for “on his/her feet” experience. In addition, the teams will work together to draft briefs and other documents. Prior to each opportunity for speaking or writing, the class will read and discuss materials and/or hear a lecture or presentation relevant to the task. The course will be conducted in one 150-minute class per week. Students must have completed the basic patent course. Enrollment requires permission of instructor and preference will be given to students who have taken or are taking an evidence course.
    • M 4:30—6:30 PM. Rm 214