This course will provide a broad view of patent infringement litigation, as well as actions to enforce other intellectual property rights. The course will begin with a discussion of preliminary considerations in any form of IP litigation, including whether filing a lawsuit is the most provident course of action. Students will then gain familiarity with the stages of patent litigation, from the initial pleadings, through discovery, to claim construction, dispositive motions, and trial preparation. The course will also discuss issues unique to other types of IP litigation, such as the use of consumer surveys in trademark cases and the risk that confidential information will be disclosed to the public in a trade secret misappropriation action. In addition to learning about the complexity of litigation, students will assess the attendant risks and will come to appreciate the degree of uncertainty that accompanies every action to enforce patent or other IP rights.

Prerequisite: Patent Law.: