Intellectual Property (LAW) (LIP)

LIP 801 - Graduate Legal Research and Information Literacy

Credits: 1

This required one credit course introduces graduate students to the basic research tools and strategies a beginning intellectual property or commerce and technology professional needs to work in their practice area and engage in lifelong learning to keep their education current. The course focuses on: primary and secondary legal authority with lesser coverage on fact research, current awareness and practice tools and strategies; mandatory and persuasive authority; accessing, evaluating and updating secondary legal sources, court decisions, statutes and administrative rulemaking; developing a coherent research strategy including cost effective research; and appropriate choice of electronic formats. Students will be exposed to LEXIS, Westlaw and free web sites. At the end of the first semester students should be able to take a legal issue and determine the extent of legal information needed; access the needed legal information effectively and efficiently; evaluate legal information and its sources critically; incorporate the selected legal information into their understanding of the issue; understand the economic, legal and social issues surrounding the use of legal information; access and use information ethically and legally. Classes involve a mix of lecture, discussion and the opportunity to work directly with relevant print and electronic resources through assigned problems. In additional to a graded research midterm and final, students must successfully complete weekly research assignments. Eligibility: Graduate Students - required course. Prerequisites: none. Course format: skills training. Grading: final exam, 60%; class prep. and participation, 05%; regular submissions/quizzes, 35%.

LIP #802 - Intellectual Property, Technology Transfer and Global Development

Credits: 2

With an open seminar format for discussion and exploration of emerging topics in the field of IP and global development, this course is open to all students, does not have a formal prerequisite, but students are expected to understand the fundamental principles of IP covered and conduct rigorous interdisciplinary research: as such, this course will contribute to the students' overall information literacy. Students are therefore expected to be diligent, professional, independent and responsible for their project deliverables. Topics to be covered in this course include, but are not necessarily limited to, the WIPO Development Agenda, WTO TRIPs, International Technology Transfer and Access to medicines. Assigned readings will not be reviewed in class via recitation, but rather as a springboard for informed discussion and formulation of concepts which add to the knowledge base in this complex and rapidly evolving field of study. Specific, measurable, student learning outcomes include greater knowledge of the role of IP in economic development, skills in performing complex interdisciplinary research and values related to formulating policy and strategic options which foster equitable and sustainable application of IP to the development of emerging economies. Students will be graded on an S/U/O basis. Evaluation will be based on equal weighting of 1) Attendance and thoughtful participation, 2) Professional presentation of a project paper to the class, 3) Final project paper of approximately 25 pages. Project subjects will be determined during the initial several weeks of the course, in consultation with the professor. Class size: 12 students.

LIP 803 - International and Comparative Intellectual Property

Credits: 3

This graduate course examines select issues of intellectual property law in both an international and comparative context. The course introduces the basic contours of international principles, treaties and institutions regarding IP, including significant substantive and procedural differences between the United States and other countries (with a focus on the U.S., Europe, and Asia). The course explores why and how international and regional IP regimes have been created, and how they have been implemented, interpreted, and enforced. Students will become familiar with some of the most significant of these regimes in each area of IP. While the course assumes a general background in IP law, in-depth knowledge of IP law in the U.S. or in any other country is not required. Grading will be determined by participation in on-line discussion fora (which will require answering and discussing weekly questions), and by a final exam/paper.

LIP #804 - Film and TV Law

Credits: 1

This course examines the legal aspects of film and TV Law, with a focus on how legal rules meet the realities of business in the context of film and TV production. Topics include rights clearance issues, talent contracts, copyright and trademark issues for films as well as copyright and administrative issues unique to television. The course also discusses the organization of the film and TV industries in this time of transition for the entertainment Industry, and situate the relevant law in this context. Prereq: Contracts. Pre-Coreq: Copyright Law, Trademark Law, Fundamentals of IP, or instructor permission.

LIP 855 - Graduate Programs Contracts

Credits: 3

In its simplest form, contract law deals with the world of legally enforceable agreements. The goal of this course is to introduce students to U.S. contract law, focusing primarily on the common law's approach to contract law. While U.C.C. Article II (sale of goods) is an important component of contract law and will be mentioned, it will not be a focus of the course. Eligibility: Open to international LL.M. students and students pursuing a master degree. Course format: lecture. This course is recommended for taking the bar exam. Grading: final exam, 100%. Course has an ungraded component or practicum. This course cannot be taken for an S/U grade.

LIP 894 - American Legal Process and Analysis I

Credits: 3

This course introduces UNH Franklin Pierce School of Law LL.M. and Master's students to American common law and statutory legal reasoning, predictive legal writing, and some aspects of American civil procedure. Through a combination of lectures, group work, periodic guest speakers, and written assignments, students gain a working knowledge of common law legal analysis. Students will be exposed to various aspects of American civil procedure and will learn helpful study skills, such as how to read and brief a case, how to outline, and how to organize an essay exam. The course enhances the practical legal skills students need to think, write, and work effectively in their studies at UNH Law and in subsequent careers. The course is required for all students who do not hold a US JD degree and is tailored for students whose first language is not American English.

LIP 895 - American Legal Process and Analysis II

Credits: 2

This course builds upon the work begun in American Legal Process and Analysis I. Students continue to develop their analytical skills regarding American common law and statutory legal reasoning. Students gain a working knowledge of client advocacy through working on short assignments related to or involving intellectual property issues. The course enhances the practical legal skills students need to think, write, and work effectively in their studies at UNH Law and in subsequent careers. The course is required for all students who do not hold a U.S. JD degree and is tailored for students whose first language is not American English.

LIP 906 - Patent Strategies for Business

Credits: 2

This course covers legal strategy and best practices for obtaining, evaluating, and monetizing patents, primarily in the US, but also with international considerations. Students learn to tailor their patent activities based on the size and situation of the relevant organization. Examples will focus on the differences between the needs of: a small entrepreneurial startup , a growing small-to-medium sized enterprise, a large established commercial business, and a licensing-based entity. Patent application claim techniques, filing decisions, cost concerns, pre-litigation opinions, cease and desist letters, and due diligence methods will be compared and contrasted based on the goals and competitive positions of the organization. Freedom to operate steps to avoid litigation will also be covered. Pre- or Coreq: Patent Law.

LIP #911 - Global Perspectives in Copyright

Credits: 2

Copyright law has become an increasingly complex area, particularly in the face of new technologies that challenge and call into question existing copyright laws and doctrines. This advanced seminar explores these legal complexities and relevant policy considerations in light of 21st century realities. This seminar focuses on selected issues of copyright law in greater detail than is possible in the Copyright Law course. Specifically, this course deals with cutting-edge issues through the examination of recent court decisions, laws (both domestic and international), scholarly and related works, and proposed laws regarding copyright. Students are assisted in writing articles of publishable quality on important issues facing the entertainment, computer, online services, publishing, and other industries. The course will include guest speakers who are involved in cutting edge issues in copyright, which will allow students to hear directly from and start networking with practitioners and others involved in copyright law.Prereq: Copyright Law (LIP 912) or IP Survey (LIP 944).

LIP 912 - Copyright Law

Credits: 3

This course will introduce students to fundamental principles of U.S. copyright law. The legal protection of "creative" content as an intangible property right has been statutorily recognized in the U.S. for over 200 years. While legal rights in such works are often seen as rooted in economic rationale, the law has changed over time, in response to technological challenges and international developments. The course will therefore also provide students with an understanding of how U.S. copyright law functions and adapts in this changing environment. Students with an interest in any branch of modern intellectual property law and how it responds to modern challenges will benefit from this course. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: final exam, 100%.

LIP 913 - International and Comparative Intellectual Property

Credits: 3

This graduate course examines select issues of intellectual property law in both an international and comparative context. The course introduces the basic contours of international principles, treaties and institutions regarding IP, including significant substantive and procedural differences between the United States and other countries (with a focus on the U.S., Europe, and Asia). The course explores why and how international and regional IP regimes have been created, and how they have been implemented, interpreted, and enforced. Students will become familiar with some of the most significant of these regimes in each area of IP. While the course assumes a general background in IP law, in-depth knowledge of IP law in the U.S. or in any other country is not required. Grading will be determined by participation in on-line discussion fora (which will require answering and discussing weekly questions), and by a final exam/paper.

LIP 914 - Amateur Sports Law:Legal Issues in Youth, College and Rec Sport

Credits: 2

This course examines legal issues in interscholastic and intercollegiate sports. Topics include: Title IX gender discrimination; antitrust (including combinations of competing schools/conferences); constitutional law (including freedom of speech/association/religion); contract law, land use and environmental law issues for recreational sports; the regulatory authority of high school athletic associations; regulation of private educational institutions and sports associations; torts and insurance-related issues of schools for injuries suffered by athletes and spectators; the evolving conception of college athletes as professionals; athletic participation in taxpayer funded youth sports by home-schooled students; drug testing; legal responsibilities of coaches to safeguard amateur players (including from concussions and unsafe practice conditions); and participation in sports by disabled athletes. Pursuit of careers in sports law, especially compliance positions at universities and colleges, is also covered. Eligibility: Open to all except 1Ls. This course may be taken for an S/U grade.

LIP 915 - Entertainment Law

Credits: 2

This seminar will examine current issues in entertainment law. We will approach entertainment law through a combination of materials that may include statutory and case law; pending legal disputes and current events; problems and hypotheticals; sample transactional documents; and research projects. Topics will include some or all of the following: rights of publicity, trademark, copyright, misappropriation of ideas, life rights, privacy rights, defamation, advertising and endorsement, constitutional issues, representation, insurance, labor and employment, and contracts. As we discuss individual doctrines in the context of entertainment law, we will consider how the doctrines relate to one another and how industry norms shape practices and outcomes. The industries we will consider include motion pictures, television, music, radio, theater/dance, publishing, advertising, video-games, apps, and other interactive digital media. Eligibility: Open to all students except 1Ls. Course format: seminar. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

LIP 917 - Federal Trademark and Copyright Registration Practice

Credits: 2

Master the fundamentals of trademark and copyright prosecution, learn about international trademark registration practice, and learn about practice before the U.S. PTO Trademark Trial and Appeal Board. Simulation exercises on trademark searching, trademark application filing, responding to office actions, and filing a copyright application will be assigned. The final exam will cover the connective tissue of strategy decisions, client counseling, and international filing. The course additionally addresses the reason and process for the recordation of instruments at the USPTO and the Copyright Office. Eligibility: Open to all except 1Ls. Prerequisites: Concurrent or prior completion of Fundamentals of Intellectual Property OR Trademarks & Deceptive Practices; OR, prior trademark experience (see Prof. Lembree with questions). Course enrollment is limited to 25 students. Course format: problem-based. Grading: final exam, 25%; other (see syllabus), 70%. This course may be taken for an S/U grade.

LIP 918 - Trade Secrets Law

Credits: 2

The focus of this course will be on understanding the nature and impact of trade secrets law in the US on domestic and global business practices. The course will examine: (a) the theory behind trade secret protection; (b) comparisons with approaches to the protection of valuable commercial information in other jurisdictions; (c) the definition of a “trade secret” in the US; (d) elements of the misappropriation of trade secrets tort at the state level; (e) the Economic Espionage Act of 1996 and the Defend Trade Secrets Act of 2016 at the federal level; (f) scope of civil and criminal liability for trade secret misappropriation; (g) duties of confidentiality in relation to trade secrecy; (h) loss of status of a trade secret; (i) trade secrets as a(n) (intellectual) property right; (j) defenses to trade secret actions; (k) remedies for misappropriation of a trade secret. Eligibility: Open to 1Ls. Prerequisites: None. Grading 90% final exam, 10% class participation.

LIP 919 - Advanced Patent Litigation

Credits: 2

This course will develop skills necessary for effective trial advocacy using the framework of a patent case. The course will cover generating a theory of a case, opening statements, direct and cross examination of lay and expert witnesses, and closing arguments, as well as other trial skills such as voir dire, impeachment, and handling adverse witnesses. Students will also focus on patent-specific trial skills such as arguing claim construction and questioning a technical expert witness. The students will primarily "learn by doing" and so the course will focus on oral advocacy and trial practice. Students will receive individual feedback on their performances. The course will culminate in a full patent mock trial. Eligibility: Open to all except 1Ls. Prerequisites: Evidence and Patent Law. Trial Advocacy and Expert Witnesses and Scientific Evidence recommended.. Instructor permission required to enroll. Course enrollment is limited to 8 students. Course format: skills training. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

LIP 922 - Video Gaming & Intellectual Property

Credits: 1-3

The 2018 U.S. video game industry employed more than 220,000 people and produced more than $43 billion in revenue. New Hampshire has at least 15 video game related companies adding over $64 million to the local economy. The video game market could become a $300 billion industry by 2025, and the need for lawyers versed in video game law will similarly grow. This issue-spotting overview course covers the essential intellectual property issues encountered in the gaming industry: content creation, acquisition, and protection. Broader legal topics such as content distribution, revenue generation, and player management will be introduced as well.

LIP 923 - Trademark Searching

Credits: 1-3

This course will introduce students to the principles of searching trademarks records at the U.S. Patent & Trademark Office, underscoring the connection between trademark prosecution practice and trademark law theory. The course will provide students with strategies for navigating Trademark Office records from a former Trademark Examining Attorney and with an understanding of how the U.S. trademark registration process functions under the Lanham Act. Students with an interest in trademark prosecution, litigation and transactional practice will benefit from this course.

LIP 924 - Cannabis & Intellectual Property

Credits: 1-3

Cannabis (marijuana) is listed on Schedule I of the Controlled Substances Act, and the possession, sale, and use of marijuana remains unlawful at the federal level. Meanwhile, cannabis legalization is sweeping the nation on a state-by-state basis. This federal and state divide presents unique challenges to businesses serving patients and consumers in the cannabis industry and the lawyers who advise them. This one-unit course will provide an overview of the current state of the cannabis industry, identify key legal and business challenges, and explore how lawyers are helping their clients address these challenges. The course will lay the groundwork for the type of issue spotting and creative thinking required to navigate the legal and business landscape of this emerging legal field.

LIP 928 - Intellectual Property Management

Credits: 2

Intellectual Property (IP) Management is intended for third year law students as a "capstone" course building on IP courses taken in the second and third years of law school. It is a practical, hands-on course designed to bridge academia and real-life private or corporate practice and is meant to provide the IP professional with a solid foundation in proactive counseling in the area of intellectual property. Exemplary topics include invention harvesting or extracting; invention records and disclosures; inventorship and ownership issues; laboratory notebook practice; patent searching; criteria and procedures for determining type of IP protection, particularly whether to file for patent protection or maintain as trade secret; trade secret policies and protection; IP education; IP audits and due diligence investigations; outside submissions; trademark practice (searching and clearance); international filing considerations, agreement practice, and other aspects of corporate IP management including understanding, developing, executing and/or managing IP strategies, IP committees, and IP budgets consistent with overall business objectives. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

LIP #929 - WIPO Summer Academy on Intellectual Property

Credits: 0-1

Students are exposed to various aspects of Intellectual Property, including the international nature of IP protection and the interface between IP and other disciplines. The program takes an interdisciplinary, problem-oriented approach through lectures, simulation exercises, group discussions on selected IP topics, panel discussions, and case studies. The program will provide exposure to how the international IP system functions and its intersection with other policy areas such as health, climate change, and agriculture.

Repeat Rule: May be repeated for a maximum of 2 credits.

LIP 930 - Patent Licensing

Credits: 1-3

This course addresses legal issues related to patent licensing based upon general commercial needs and requirements. This course will focus on understanding the intersection of patent rights and limitations, contractual provisions and the objectives of the business. The course will look at key licensing agreement interpretation issues and restriction on patent rights that should be considered when licensing patent rights. Students will look to understand different business scenarios and how to think about structuring licensing relationships and agreements to fulfill the business objectives.

LIP 931 - Media Law

Credits: 1-3

This course offers broad exposure to various legal issues confronted by mass media enterprises, ranging from traditional broadcasters and similar internet-based services, to the major internet platforms and the new class of “media enterprises” that they spawned, such as YouTube influencers and TikTok stars. By examining current issues and events, students will navigate areas of law including defamation, rights of publicity and privacy, newsgathering and right of access, advertising, broadcast and internet regulation, intellectual property, and antitrust – to understand how the law’s staple doctrines apply to the business of producing and distributing news, information, and entertainment for mass audiences.

LIP 932 - Name, Image & Likeness in Sports

Credits: 1-3

This course centers on the rights of athletes to control their identifying characteristics. Legal reforms call for college athletes to be able to hire agents and negotiate the use of their names, images and likenesses with video game companies, apparel companies, trading card shows, athletic camps and other industries. The NCAA regards these reforms as unlawful and has lobbied Congress for a federal solution. This course examines NIL rights and their relationship to other legal conventions, including rights of publicity, media law, agency law, video game law, trademark law, copyright law, labor law, antitrust law and “influencers” and the law.

LIP 934 - Intellectual Property & Entrepreneurship

Credits: 1-3

This course concerns the intersection between intellectual property and entrepreneurship, and how overlaps and conflicts regarding stakeholder interests create both opportunities and responsibilities for attorneys. This course explores the realms of creativity and innovation, ethical considerations, research & development, idea evaluation, intellectual property protection, business plans, sales & marketing, licensing contracts, and other topics to understand the entrepreneurial process and considerations for legal practice. This course consists of lectures, presentations, readings, notes, discussions, resources and experiences designed to introduce the concepts associated with examining the entrepreneurial process.

LIP 935 - Doing Business in China

Credits: 1-3

China has presented unprecedented business opportunities as well as unique challenges over the past few decades. And this dynamic landscape will further intensify in the new normal of COVID-19. This two-credit course will provide an overview of the underlying policy, economic and legal frameworks, highlight recent developments on IP protection and enforcement, antitrust and other regulatory compliances in particular. Guest speakers (in-house counsel and law firm practitioners) will share their experiences from doing business in connection with China, as well as offer best practices on culture intelligence and negotiation skills needed to be successful. The course will also explore growing areas that may lead to robust opportunities in China.

LIP 936 - IP Colloquium

Credits: 1-3

Companies are using traditional forms of intellectual property in non-traditional ways. This course provides an overview of six companies in different technology areas that are currently in transformational situations - Spotify, TikTok, 3M, Disney, Holdredge Wines and Allied Security Trust. Each lecturer will share their experiences and challenges of their company. Each business’ use of copyrights, patents and trademarks, privacy, antitrust, trade secrets and contracts will be discussed, including the nuances and challenges of each.

LIP 938 - Intellectual Property Strategies in Today's Industry

Credits: 2

This course will address recent IP issues faced by corporate America by going through the patent battles caused by converging technologies - such as the Smart Phone Wars. Big Pharma versus subject matter eligibility and the Generics, and the Current Automotive Wars. The course will also lay the ground work for thinking about potential upcoming battle grounds such as the Cloud and AI. The course will focus on legal and business strategy and is taught by the associate general counsel and chief patent counsel of Microsoft.

LIP 939 - Intellectual Property Policy

Credits: 1-3

The practice of law goes beyond interpreting what judges, Congress and administrators mean when they issue decisions or enact rules and laws. Influencing what bills get taken up by Committees, are voted on by Congress, and what those bills actually say is an important part of daily practice life for many attorneys. So too is influencing regulators views, influencing the judicial branch through amicus filings, and even the lobbying the Solicitor General. This happens behind the scenes but plays a vital role in implementation of law and policy. This course will explore this intersection of law and policy.

LIP 940 - Supreme Court & the CAFC: IP Tug of War

Credits: 1-3

Each class will cover a Federal Circuit Decision and the certiorari petition filed in U.S. Supreme Court. The second hour of the class will be a complete and exhaustive discussion of the U.S. Supreme Court Opinion and the oral argument at the Supreme Court.

LIP 943 - Music Law

Credits: 2

Music Law is a seminar designed to provide students with an introduction to the areas of law and types of contracts involved in a transactional music law practice. Students will learn how copyright and trademark rights are created, protected and exploited and how various contracts are handled within the music industry. Students will submit a final paper on a provided topic that demonstrates a mastery of the topics covered during the term. Eligibility: Open to all students. This course may be taken on an S/U basis. Grading information: regular submissions/quizzes 20% and research paper 80%.

LIP 944 - Fundamentals of Intellectual Property

Credits: 1-3

S/U grading option not available for first-year students. But other students who have completed any course covering the substance of U.S. copyright, patent or trademark law may receive only S/U grades. Objectives: To introduce basic substantive requirements and procedures for obtaining, maintaining and enforcing patents, copyrights, trade secrets, trademarks and related subject matters such as rights of publicity and domain names. Description: Beyond the basics, the course explores underlying policy goals and conflicts among types of intellectual property, for example, the tension between patent and copyright protection or the tension between federal and state protection. It also considers goals and conflicts with other laws such as free speech. It also considers matters such as the extent to which various types of IP are "property," available remedies, sources of law, and responsibilities of the two main IP agencies as well as those of various courts. Eligibility: Open to all students. Course format: lecture. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

LIP 947 - Current Issues in Intellectual Property

Credits: 3

This seminar will investigate a variety of legal and policy issues underlying the development of intellectual property law (patent, trademark, copyright, trade secret, and related areas). The investigation will focus on issues that may affect all areas of IP, such as, regulating non-practicing entities ("trolls"), protecting three-dimensional objects, or specific areas (depending on student interest), such as: excluding protection of abstract ideas/natural laws in patent law; the scope of "fair use" in copyright law in the digital age; the availability of trademark protection against off-shore counterfeiters, or the newly-passed federal trade secrets act. These, of course, are only examples of the myriad of issues raised in our global and rapidly changing economy. Prereq: One IP course or Prior Work.

LIP 950 - Copyright Licensing

Credits: 2

This course will cover the principal international conventions, namely, Universal Copyright, Berne, Rome, and Geneva, WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty, including current problems in the international copyright arena in light of recent tendencies toward greater reciprocity and the emergence of new kinds of works -- computer programs, data bases, multi-media works, etc.-- and new rights, --digital transmission right, etc.-- involving, in particular, problems due to new technologies. It will also deal with WTO/Trips, NAFTA, bilateral treaties and unilateral measures as a new mechanism in international copyright relations. The last part of the course will cover copyright within the European Union (EU) including European Court of Justice jurisprudence and EU harmonization measures. Comparative copyright law in terms of principles, methods and problems as well as the differences between the system of copyright and the system of droit dauteur will also be covered. Format: Lecture. Eligibility: Open to all except 1Ls. Course may be taken on an S/U basis. Prereqs: Some understanding of basic copyright law is desirable.

LIP 951 - Technology Licensing

Credits: 2

This course will focus on general licensing concepts and principles, as well as more creative licensing arrangements involving the licensing of patents, trade secrets and trademarks. The course will provide an emphasis on understanding and drafting key licensing clauses, valuation and royalty determinations, antitrust and misuse problems, international licensing, negotiation strategies including understanding the role of the lawyer and client, and administration of license agreements. The course will address various licensing scenarios including licensing in (your client licenses from a third party), licensing out (your client licenses to a third party), university licensing and collaborative licensing arrangements. The course may involve legal research in select areas and hands-on negotiation as part of the grading. A technological background is not a prerequisite, but preferred. Some knowledge of intellectual property law (patents, trade secrets and trademarks) is necessary for this course. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

LIP 954 - Patent Law

Credits: 3

Patent systems and patent laws exist to promote investment in and development of technology. The recently-enacted America Invents Act (AIA) and certain U.S. Supreme Court decisions over the last 5 years have brought the most dramatic changes to U.S. patent law in more than 50 years. This course focuses on the fundamentals of U.S. patent law including patentability, infringement, inventorship, and ownership. The course will also explore some of the underlying themes in patent law as well as the purpose of and justifications for a patent system. The course reading includes the patent statute (Title 35 of the United States Code) both pre-AIA and post-AIA and selected case law primarily from the U.S. Supreme Court and U.S. Court of Appeals for the Federal Circuit. The course will generally address both the procurement and enforcement of U.S. patents. Although this course will cover the legal principles underlying patent claim drafting and patentability, this course will not focus on patent practice and procedure.

LIP 956 - Professional Sports Law

Credits: 2-3

Pro Sports Law covers various legal issues affecting professional sports industries and the relationship between leagues, teams, players and affected third-parties. Topics include related issues in antitrust, labor, contracts, torts, property, environmental/ energy, criminal, immigration, disability, anti-discrimination, regulation of private associations, regulation of athlete agents and their ethical duties, intellectual property and sports broadcasting. Pursuit of careers in sports law—especially becoming attorneys for teams or leagues or becoming sports agents—will also be covered.

LIP 957 - Intellectual Property Crimes

Credits: 3

This course will provide a survey of the growing body of criminal law that relates to the misappropriation and infringement of intellectual property, primarily in the area of copyright, trademarks and trade secrets. The coverage will be presented in a manner that is accessible to students whose primary career interest is either criminal practice or IP practice. Eligibility: Open to all except 1Ls. Course enrollment is limited to 16 students. Course format: lecture. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

LIP #959 - Patent Application Preparation and Prosecution

Credits: 2

This course provides students with an opportunity to write a complete patent application in a field in which the law is in flux. Each student's writing is critically reviewed, and feedback is offered to improve quality. In addition to application review and discussion of drafting techniques, a substantial portion of the class time is spent in discussion of related patent practice topics and of recent patent cases that may affect the manner in which applications and claims are drafted. Grading: Participation: 30% and other (Patent Application): 70%. Prerequisites: Patent Law and Patent Practice and Procedure II.

LIP 960 - Art Law

Credits: 2-3

This course will cover legal issues related to the production, distribution, exhibition and sale of works of visual art. Topics will include copyright issues, moral rights, branding concerns, theft, counterfeiting and the unique legal challenges posed by museums and galleries, including corrupt practices, deaccessioning, and discrimination based on race, gender, sexual and gender identities, nationality, religion and other personal characteristics. Students will be required to author at least one work of visual art themselves using ordinary household objects.”.

LIP 961 - Patent Practice and Procedure I

Credits: 1-3

Students will learn to draft patent claims that are acceptable to the US Patent & Trademark Office and to the United States courts. Students will become familiar with the statutes, regulations, practice and customs that guide the drafting of acceptable patent claims.

LIP 962 - Patent Practice and Procedure II

Credits: 3

Students will build on their basic claim drafting skills by learning the rules, regulations, customs, and practices for dealing with the United States Patent and Trademark Office (USPTO) when filing and prosecuting patent applications. Students will draft one complete patent specification and claims as well as responses to two USPTO Office Actions. Students may also prepare additional documents for filing with the USPTO. The course format is 2 hours per week of traditional lecture and discussion to cover theory and general principles plus regularly scheduled small group section meetings with a local practicing attorney. During the small group section meetings, the practicing attorney will discuss and provide feedback on the patent application and responses prepared for the course. Eligibility: Open to all except 1Ls. Prerequisites: PPI and Patent Law. Course format: lecture. Grading: final exam, 25%; class prep. and participation, 5%; regular submissions/quizzes, 10%; other (see syllabus), 60%. This course cannot be taken for an S/U grade.

LIP 967 - Patent Office Litigation

Credits: 1

Patent Office Litigation includes powerful proceedings for challenging the validity of a U.S. patent. Learn to assess various options for clients and maximize potential positive outcomes of the process, regardless of your client's legal position, in a practical, hands-on, two-day intensive Master Class. Patent Office Litigation refers to post grant proceedings before the USPTO. This class previously focused on ex parte and inter partes reexamination. The Leahy-Smith America Invents Act (AIA) created new proceedings for challenging the validity of patents at the USPTO and did away with inter partes reexamination. These new proceedings include inter partes review, post grant review, and covered business method proceedings. The course now focuses on basic strategy considerations, procedure and practice tips for these new proceedings as well as for ex parte reexamination. Since a large number of inter partes reexaminations are still pending before the USPTO, that proceeding will also be briefly covered. Eligibility: Open to all except 1Ls. Prerequisites: Patent Practice and Procedure I. Course enrollment is limited to 20 students. Course format: skills training. Grading: other (see syllabus), 100%. This course must be taken for an S/U grade.

LIP #972 - Intellectual Property and International Trade

Credits: 3

In the world of intellectual property, international borders can be both nebulous and critically important. The rapid development of international trade and information technologies makes it increasingly important for lawyers to understand the international aspects of practicing intellectual property law, particularly those aspects involving copyrights, trademarks and patents. Media (including books, music, and movies) can be easily uploaded to the Internet and copied and made instantaneously available everywhere in the world. Products implicating multiple patents and trademarks can be designed and developed in one country, assembled in another, and imported and marketed in still a third. Clients may need to enforce their rights against foreign parties domestically or overseas, or to engage in international licensing transactions. This course will provide a survey of cross-border legal issues that general face lawyers who counsel clients on matters of intellectual property and international trade. The course will introduce the basic contours of international principles, treaties, and institutions regarding intellectual property, and will introduce significant substantive and procedural differences between the United States and other countries in the world. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.

LIP 973 - Advanced Patent Law Seminar

Credits: 1

The America Invents Act (AIA) is the most significant reform of US patent law in over sixty years. It brings in its wake numerous procedural changes that will transform how patent attorneys approach their filing and litigation strategies, in addition to difficulties that are certain to arise due to the continuing application of the current patent law. Case law from the US Court of Appeals for the Federal Circuit (CAFC), which has exclusive jurisdiction over patent cases emanating from all the district courts, already illustrate some of the issues that the AIA is likely to give rise to. Following the implementation of the AIA, the CAFC will have an even greater influence over the development of patent jurisprudence. This course will examine some of the more significant changes under the AIA through the use of statutory interpretation and in-depth analysis of CAFC case precedents. It will complement the existing doctrinal patent law courses and develop students' awareness of the intricacies of patent practice as well as their skills in statutory analysis and case law interpretation. Eligibility: Open to all except 1Ls. Prerequisites: Patent Law. Course enrollment is limited to 20 students. Course format: lecture. Grading: other (see syllabus), 100%. This course must be taken for an S/U grade.

LIP #974 - Copyright and Trademark Litigation Strategies

Credits: 1

As the commercial value of brands and creative works grow, effective enforcement of the intellectual property rights relating to those brands and creative works is becoming more important. At the same time, intellectual property litigation is becoming more expensive and complex, forcing transactional and litigation lawyers to develop better case assessment and dispute resolution techniques and strategies. This course will provide students with a basic insight into the process of copyright and trademark litigation, from the inception of a case through its progress at various stages in federal court. Real-life documents, case law and examples will be used to enable students to analyze copyright and trademark enforcement problems, with a view toward developing the skills necessary to counsel clients through the litigation process. Eligibility: Open to all except 1Ls. Prerequisites: Fundamentals of IP; or Copyright Law; or Trademark Law. Course enrollment is limited to 20 students. Course format: skills training. Grading: other (see syllabus), 100%. This course must be taken for an S/U grade.

LIP 977 - Trademarks and Deceptive Practices

Credits: 3

This course will examine the precepts of trademark and unfair competition law. We will investigate issues of ownership, registration, goodwill, misappropriation, infringement, and dilution in the context of words, phrases, symbols, slogans, product design, and trade dress. The course will also explore related issues such as false and comparative advertising, rights of publicity, and fair use. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: final exam, 70%; optional midterm exam, 30%. This course may be taken for an S/U grade.

LIP 979 - Intellectual Property Enforcement at the International Trade Commission

Credits: 1

This course examines the role of the International Trade Commission (ITC) in investigating allegations of unfair trade practices relating to intellectual property rights. While up to 90% of the ITC's cases revolve around patents, the ITC also investigates cases relating to copyright, trademark and trade secret violations. The focus of this course will be on Section 337 of the Tariff Act of 1930, which establishes the ITC's jurisdiction, and will cover all aspects of litigation at the ITC, from the institution of an investigation under Section 337 to available remedies. The course will also review recent ITC decisions and appeals from the ITC to the Federal Circuit. Eligibility: Open to all except 1Ls. Prerequisites: US patent law. Subject to the instructors’ approval, international students who are concurrently taking Patent Law or Fundamentals of IP may be permitted to enroll in the course, provided they have substantial patent prosecution or other patent practice experience. Grading: see syllabus. Course must be taken on a S/U basis.

LIP 980 - E-Commerce and The Law

Credits: 2

E-Commerce and the Law is designed to encourage examination of the rapidly evolving areas of the law that seek to resolve the issues of ownership, privacy, liability, and access (among others) as they relate to information and knowledge technologies. Commerce, the sum of individual transactions that drive our society and create value, has been molded and sometimes disrupted by the opportunities and challenges presented by advances in information technology. One could say that this course is an overview and look into the future of law for the ever-changing digital and information age economy, and the legal environment that will define and shape legal practice in the coming decades. In many ways this course supplements and builds on the subjects in the classical legal curriculum with examples of how changes in technology are manifesting themselves in new legal problems and issues for the economy and society.

LIP 981 - Online Brand Management

Credits: 2

Learn about rules that apply to domain names and websites and how those rules are adopted and applied; about rights protection mechanisms such as take-downs, dispute resolution in connection with domain names, and new realms of domain name space; about domain names as property rights and conflicts between free use of internet space, privacy, and brand owners; and, about defensive internet presence through use of website policies. The course format will comprise lectures, online attendance at an ICANN meeting, online discussion posts, and collaboration meetings. Students – individually or in groups - will be asked to make approximately 2 class presentations and submit a final paper or paper surrogate (e.g. ongoing blog, white paper, or ICANN comments). Eligibility: Open to all except 1Ls. Course enrollment is limited to 20 students. Course format: lecture. Grading: research paper, 50%; other (see syllabus), 50%. This course may be taken for an S/U grade.

LIP 983 - Intellectual Property Issues in Sports and Entertainment Law

Credits: 2

This course approaches sports and entertainment law through the lens of intellectual property. By studying cases, current events, and controversial disputes, students will expand their substantive doctrinal knowledge of the major IP rights regimes, including copyright, trademark, trade secret, right of publicity, and patent law, all in the context of the sports and entertainment industries. Over the course of the semester, they will learn about how each regime factors into the legal challenges that arise within the sports and entertainment industries, and will consider how each set of rights can be used to protect the various entities that comprise each industry.

LIP 984 - Intl and Comparative Sports Law: Examining the Global Perspect

Credits: 1-2

This course examines the international and comparative dimensions of sports and the law. These dimensions are increasingly important as the practice of sports law becomes more global. Topics include: the Olympic movement (IOC and the Olympic Charter); the governance of international sports competitions including international federations (FIFA, IAAF) and national governing bodies; the World Anti-Doping Agency, the United States Anti-Doping Agency, and the World Anti-Doping Code including the prohibited list; issues surrounding the regulation of supplements and performance enhancing drugs; the Court of Arbitration for Sport in Lausanne, Switzerland; professional athletes as "amateurs" and their eligibility for Olympic competition; international torts and dispute resolution; the internationalization of U.S. sports leagues; ambush marketing; international marketing of athletes; and representation of athletes in international sports. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: final exam, 100%. This course may be taken for an S/U grade.

LIP 987 - Internet Law

Credits: 1

This is a short survey minicourse in internet law. The internet has changed almost every area of modern life, and the law is no exception. This course studies the computer and network technologies underlying the internet, how those technologies are challenging the assumptions underlying pre-internet law, and how judges, policy makers, and private actors have responded to those technologies. Topics covered may vary depending on current events and student interest, but will typically include jurisdiction, online speech, intermediary and platform liability, privacy, computer abuse laws, and net neutrality. By the end of this course, students should be prepared to sort through the legal issues in a case with an eye toward how the internet changes things for clients and for the law.

LIP 997 - Mining Patent Information in the Digital Age

Credits: 2

This course is a cross platform "consumer" survey course to search, mine and manipulate patent and non-patent literature data for legal and business applications. It is taught in collaboration with patent data vendors and related guest speakers. This is a hands-on course. The work product is a novelty/prior art report. Themes of this course include: multiplicity of sources, types of sources, multiple access points to same data, who uses patent data sources, why use patent data sources, factors to choose access points, search approaches, who drives the dollar chain for searches, free, low fee and premium patent sources, in house and/or outsource searches, considerations as to who performs differing types of searches, what is the standard of care for patent searches and how to deal with questions of lack of integrity in patent documents.

LIP 999 - International and Comparative Sports Law: Examining the Global Perspectives

Credits: 1

This course examines the international and comparative dimensions of sports and the law. These dimensions are increasingly important as the practice of sports law becomes more global. Topics include: the Olympic movement (IOC and the Olympic Charter); the governance of international sports competitions including international federations (FIFA, IAAF) and national governing bodies; the World Anti-Doping Agency, the United States Anti-Doping Agency, and the World Anti-Doping Code including the prohibited list; issues surrounding the regulation of supplements and performance enhancing drugs; the Court of Arbitration for Sport in Lausanne, Switzerland; professional athletes as "amateurs" and their eligibility for Olympic competition; international torts and dispute resolution; the internationalization of U.S. sports leagues; ambush marketing; international marketing of athletes; and representation of athletes in international sports. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: final exam, 100%. This course may be taken for an S/U grade.