Advanced Topics in Patent Law Seminar
This seminar course will investigate selected topics in patent law by analyzing in depth recent signficant decisions of the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court. Course grades will be based on a combination of class participation, student presentations, and a seminar paper. New and noteworthy patent law scholarship also will be reviewed, and guest speakers from various sectors of patent law practice will be invited to speak to seminar participants. Potential topics for class discussion and seminar papers include the impact of the Supreme Court’s landmark decision in eBay v. MercExchange (2006) on remedies for patent infringement; changes in patent litigation practice and counseling stemming from the Federal Circuit’s rewriting the law of willful infringement in Seagate Technology (2007) (en banc); the potential strengthening of design patent protection under Egyptian Goddess v. Swisa (Fed. Cir. 2008) (en banc); the patentability of business methods in the wake of In re Bilski (Fed. Cir. 2008) (en banc); the impact of KSR v. Teleflex (U.S. 2007) on USPTO examination of the nonobviousness requirement; changes in European patent practice under the revised European Patent Convention (EPC 2000); the expansion of declaratory judgment jurisdiction in patent cases under MedImmune v. Genentech (U.S. 2007); the presumption against extraterritorial enforcement as reinforced by Microsoft v. AT&T (U.S. 2007); attempts to enforce foreign patents in U.S. courts in view of Voda v. Cordis (Fed. Cir. 2007); the patent/antitrust interface and patent misuse; the regional circuits’ role in shaping U.S. patent law; and disputes between patented and generic pharmaceutical manufacturers. Enrollment is limited to twelve (12) students and the seminar paper may be used to satisfy the law school's legal writing requirement.