This course will cover major issues in a typical patent litigation from pre-suit evaluation through trial and appeal.  The phases of litigation covered will include: pre-suit analysis, complaint/answer, early motion practice, discovery, claim construction, expert reports, mediation/settlement, pretrial/trial, and appeal.   A series of guest lecturers who are experts in above-referenced sections of patent litigation will be brought in to lecture on the specific topic, and share actual litigation experiences and tips.  Further, we anticipate attending a patent related hearing in the Eastern District of Texas (Judge Gilstrap).  (the last time this course was offered in October, 2022, Judge Gilstrap conducted a patentability 101 hearing which the students observed, followed by a closed room Q&A with the students.) 

The course involves two writing individual writing assignments. Students will draft a claim-construction brief (5 pages); and a motion to transfer venue (10 pages).  Students will also present two formal oral arguments to “the Court.” The presentations include a claim-construction argument and a venue argument.  Students may also present informal arguments on various issues as the class progresses, e.g., argument on the evidentiary issue subject to the motion in limine, as part of classroom participation, and participate in group exercises, e.g., depositions and trial procedures. 

Learn on Location: Dallas Texas