Spring 2019 IP Course Descriptions
Spring 2019 IP course descriptions now available. Email firstname.lastname@example.org or individual faculty with any questions.
Core IP Courses
B517 – Advanced Patent Law– Janis (fulfills advanced writing requirement)
B751 – IP Survey
B758 – Trademark & Unfair Competition– Mattioli
L730 – Seminar in Intellectual Property: Data Law & Policy – Mattioli (fulfills research requirement)
Elective IP Courses, Seminars, Clinics and Externships
B528 – IP Appellate Advocacy – (For IP Moot Court Members) (fulfills skills requirement)
B551 – Intellectual Property Externship – Janis (fulfills skills requirement)
B572 – Intellectual Property Clinic – Hedges (fulfills skills requirement)
B561 – Entrepreneurship Law Clinic – Need (fulfills skills requirement)
B661 – Law & Biomedical Advance — Cripps
B567 – IP Practicum: Legal Aspects of the Entertainment Industry– Meitus (fulfills skills requirement)
B738 – Cybersecurity Law & Policy: Crime, Terrorism, Espionage & War in Cyberspace – Samuel
B785 – Patent Trial Practice – Knebel (fulfills skills requirement)
B708 – Information Privacy II – Tomain
Advanced Patent Law (Janis)
Advanced Patent Law is the follow-on course to Patent Law B743. Advanced Patent Law typically builds on Patent Law B743 in three ways. First, it covers topics that are omitted from Patent Law B743. Second, it presents some topics in much greater depth, sometimes by engaging more deeply in the application of patent law to particular technology areas (such as biotechnology and pharmaceuticals), sometimes by more thoroughly exploring the edges of substantive patent law and their interfaces with other areas of law (such as antitrust law, administrative law or civil procedure). Third, it involves intensive study of very recent case decisions, usually those emanating from the Court of Appeals for the Federal Circuit, along with current scholarly writings. Ordinarily, there will be no final examination. Instead, students will produce a series of short, graded research papers throughout the semester, and will periodically organize and lead class discussions. Patent Law B743 is a prerequisite, but no technical background is required or expected.
Cybersecurity Law & Policy: Crime, Terrorism, Espionage & War in Cyberspace (Samuel)
This course examines policy and legal challenges connected to improving cybersecurity nationally and internationally. Threats to cybersecurity arise from criminal networks, terrorist groups, and states (espionage and armed conflict), and the U.S. government believes that dangers to cybersecurity are increasing and constitute one of the most serious problems for U.S. national security in the coming years. For each category of cybersecurity threats, the course will analyze the policy and legal challenges facing countries and the international community. The course will also explore policy and legal issues that arise with efforts to improve defenses against cyber attacks. National and international law will be examined. In addition, the course will put policy and legal challenges to improving cybersecurity within the larger context of governance of cyberspace and the internet in a rapidly changing world. The course has no pre-requisites, and no technical knowledge about computers and the internet is required. Grades in this course will be based on a final examination.
Elmore Entrepreneurship Law Clinic (Need)
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.
Information Privacy II (Tomain)
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.
Intellectual Property Clinic (Hedges)
The 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 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 co-requisites include at least one of Patent Law, Trademark Law, or Survey of IP or equivalent experience. 3-4 credits, professional skills.
Intellectual Property Externship (Janis)
The Intellectual Property Externship program consists of a series of externship opportunities developed and administered by the law school in connection with the Center for Intellectual Property Research. The number and type of externships will vary from semester to semester. Some may be available during the summer. Intellectual Property externship opportunities will be posted at designated times during the fall and spring semesters. Students will ordinarily apply directly to the externship hosts, who will be responsible for selecting externs. Student externs will then enroll in the Intellectual Property Externship course. Prerequisites will vary, depending upon the externship.
Intellectual Property Survey (Lyman)
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. Last updated 2017.
Law & Biomedical Advance (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.
Patent Trial Practice (Knebel)
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.
Seminar in Intellectual Property: Data Law & Policy (Mattioli)
This seminar explores new policy challenges at the nexus of intellectual property law and the emerging field of data science. Today, policymakers and technologists believe the world is on the cusp of a new industrial age that will be powered and defined by digital information of all kinds–from health records, to credit card reports, to the digital footprints our smartphones and other electronic devices create throughout the day. Considering the vast potential of this emerging area, the legal framework that relates to the exchange and reuse of data itself remains conspicuously underdeveloped. Through weekly readings, class discussions, and guest lectures, the seminar will canvas a set of policy problems that have emerged against this backdrop. These include problems related to data exclusivity, control over downstream uses of data, inadequate disclosure of metadata, data transactions, data valuation, and more. Drawing upon these readings and discussions, students will craft their own articles over the course of the semester. Prior or concurrent enrollment in at least one intellectual property course is a prerequisite.
Trademark & Unfair Competition (Mattioli)
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.