Courses and Curriculum

Selected Curriculum

• The Business of IP

  There is a big difference between learning the law and applying the law in the context of a particular industry, not only because the applicable laws and regulations may differ but because of the different priorities and business practices of certain industries. This course is designed to expose students to the IP issues that arise in certain industries, such as the medical device industry, the pharmaceutical industry, baseball and other sports, and the music and entertainment industries.

  Recommended: Students who take this course should have some basic knowledge of IP law either through exposure to IP law at work or by first taking one of the other IP courses offered by Mitchell Hamline.

• Copyright Law

  If we are truly in the “Information Age,” then individuals and businesses need to know how to protect their information. Copyright law provides one means of doing so. This course provides an in depth examination of the core principles of U.S. copyright law, including copyrightable subject matter, ownership, infringement, remedies, and defenses. It also explores related rights such as the Visual Art Rights Act of 1990, the Audio Home Recording Act of 1992, and the Digital Millennium Copyright Act of 1998.

• Information Policy, Protection, & Cybersecurity

  From a legal point of view, there is a lot more to cybersecurity than the mechanics of how to secure computers and mobile devices. This course begins with the identification of the various types of information that are commonly used and stored by businesses. It then examines the legal theories and strategies by which such information can be protected, including contract law and trade secret law. Next it considers the legal obligations that information holders have to maintain the privacy, confidentiality and security of information and the potential liability that flows from a failure to do so. Technological strategies and standards for securing information that is held in digital form are also discussed.

• Intellectual Asset Management & Licensing

  This course is designed to immerse students in the processes involved in managing an intellectual asset portfolio. It is not about specific elements of any bundle of IP rights. Basic knowledge of patents, trademarks, copyright and trade secret will be assumed. The class will operate as a real world microcosm with each student assigned a fictional company to act as CHIEF IP COUNSEL managing an intellectual asset portfolio. We will break down the five areas of managing a portfolio

  A: Identify Assets
  B: Record Assets
  C: Analyze Assets
  D: Leveraging Assets
  E: Enforce Your Rights

  Students will participate through in depth reading assignment, classroom activities/assignments, lecture and guest speakers.

  Students will be expected to understand how to develop strategy for:

  A: Identifying innovation,
  Practice interviews with R&D and Brand Development including developing questionnaires
  B: Determining how to protect innovation that fits into the overall strategy of an organization
  C: Managing the protection process.
  Maintenance and Renewal
  Litigation
  Watching
  Other Avenues
  D: Peripheral Agreements
  Licensing
  Joint Development
  Partnership
  Employment
  Non-compete
  Non-disclosure
  Sale of Assets
  Transfer of Assets
  E: Recording Assets
  What to track
  Docketing vs. IAM
  How to Achieve goals when selecting systems
  F: Leveraging issues
  Monetization
  Joint Development
  Marketing
  Thought Leader (to gain greater knowledge)
  Cross-licensing
  G: Portfolio Ratings – streamline the process of making portfolio decisions.
  How to Rate
  When to Rate
  H: Developing an IAM Strategy

  Students may also write their Long Paper in Intellectual Asset Management.

• Intellectual Property Foundations

  Whether students are interested in a career in intellectual property (IP) law or simply realize how important IP rights are to many individuals and businesses, this course is designed to give them a grounding in all four of the major area of intellectual property law: patents, copyrights, trademarks, and trade secrets. Topics covered include: (1) the scope of each IP right; (2) the requirements for protection; (3) limitations on the scope of protection; (4) the essential elements of a cause of action for infringement or misappropriation; (5) the major defenses; and (6) remedies.

• International and Comparative IP Law

  Courses offered under this title focus on the international law aspects of IP law. Depending upon who is teaching, the course may focus on patent law, trademark and copyright law, trade secret law, or all four IP disciplines. The applicable major international law treaties will be examined, including the Paris Convention, the Berne Convention, the Patent Cooperation Treaty, the Madrid Protocol, and the TRIPS Agreement. Furthermore, the principal distinctions between civil law and common law systems of jurisprudence will be discussed.

  Prerequisite: Intellectual Property Law or, as applicable depending on the focus of the course, Patent Law, Copyright Law, Trademark Law, or Trade Secret Law.

• IP Appellate Advocacy

  This course is a skills-development class directed at teaching the specialized legal writing and oral advocacy skills needed to bring appeals of intellectual property disputes before the Court of Appeals for the Federal Circuit. Through a combination of weekly written assignments, preparation of a written appellate brief, and delivery of an oral arguments, students will learn the advocacy skills needed to successfully appeal a patent, trademark or copyright dispute to the CAFC.

  This graded class is a required prerequisite for participation in the Giles Rich (Patents) IP Moot Court Competition, the Saul Lefkowitz (Trademarks) IP Moot Court Competition, or the BMI/Cardozo (Copyrights) IP Moot Court Competition.  Selection for IP Moot Court participation is by invitation only.

  IP Appellate Practice may be used to satisfy the brief writing component of Advocacy (1 credit). Students who take IP Appellate Practice prior to, or concurrently with, Advocacy should contact the Registrar in order to be registered for 2-credits of Advocacy.

• IP Seminar

  From time to time, IP Seminar courses are offered that will meet the upper-level writing requirement of the law school. The topics covered will change depending upon such factors as: the expertise of the person who is teaching the course; student interest; recent events; and legal developments.

  Recommended: Students who take this course should have some basic knowledge of IP law either through exposure to IP law at work or by first taking one of the other IP courses offered by Mitchell Hamline.

• Patent Law I

  Introduces the history, philosophy and economics of the patent system, including the policy objectives of the system and the major legal mechanisms by which those objectives are carried out. This introduction focuses on the justifications for the grant of patent rights and the relationship of those justifications to the substantive requirements of statutory subject matter, utility, anticipation and obviousness. This course presents the theory of patent claiming and its linguistic consequences. This is a required course for Patent Law, and is a recommended course for other students who desire a basic working knowledge of the patent system.

• Patent Law II

  This course continues the detailed examination of the substantive law and underlying policies of patent law that began in Patent Law I and introduces students to the legal and practical considerations involved in litigating patent disputes. The subjects covered include claim theory, enablement issues, interference theory, the meaning of “prior art,” the doctrine of equivalents, claim construction and Markman hearings, contributory infringement and misuse, re-issue and re-examination, remedies, and restriction practice and double patenting.

  Prerequisite: Patent I.

• Patent Prosecution

  This course focuses on practice before the United States Patent and Trademark Office in the prosecution of applications for patents, and addresses considerations in the preparation of a patent application. The course provides an introduction to claim drafting and studies the application of legal authorities in drafting claims to avoid the prior art. Participants receive an overview of the rules of practice before the Patent and Trademark Office as they relate to both pre-issuance and post-issuance procedures.

• Trademark Law

  Provides an in depth analysis of the fundamental issues involved in protecting indicia of source. The basics concepts in trademark, trade dress, and unfair competition are covered. The subject matter of trademark law, the scope of trademark rights, infringement, defenses and remedies are presented. This course also covers the protection of trademarks when registered as domain names under the Uniform Dispute Resolution Policy.

• Trade Secret Law

  This course provides an in‑depth examination of trade secret law, including the scope of protection, the prerequisites for protection, and the elements of a claim for trade secret misappropriation. In contrast to other IP courses, trade secret law is primarily based upon state law. Thus, students will learn how to read, interpret, and apply state law and how differences in the way states interpret and apply trade secret law may alter the outcome of a case.

• IP Elective Curriculum

  Varies by semester.

• Intellectual Property-Related Courses

  Administrative Law

  Advanced Torts

  Employment Law

  Media Law

  Civil Dispute Resolution I

  Civil Dispute Resolution II