Curriculum Guide · Courses
Intellectual Property Appellate Advocacy
Professors Krause and LaMarca
J.D. Seminar 1295 | 2 credit hours
This course combines the study of appellate advocacy with the study of substantive intellectual property law. After an initial introduction to the principles of appellate advocacy and an overview of copyright law and patent law, we will conduct four in-depth case studies (four classroom hours each), of recent Supreme Court and en banc Federal Circuit cases in the areas of copyright and patent law. For each case, we will study the underlying substantive law and precedent, and how the advocates used that law to make their case, both in writing and at oral argument. Then, with the benefit of hindsight (provided by the decision in the case), we will discuss what the advocates could have done better. The remaining three or four class periods will be devoted to student presentations. Each student will be required to: (1) do a case study of a Supreme Court or en banc Federal Circuit case (chosen from a list provided by the faculty), present that study to the class, and then present 15 minutes of oral argument on behalf of the losing side to the class. The case study should be submitted as a draft prior to the class presentation, and in final form by the paper deadline on Friday, December 19.
Prerequisites: At least one class in Patent Law or Copyright Law, or instructors’ approval.