Patent Claim Construction and Invalidity, Infringement Assessments and Legal Opinions

2 units

Claim construction is the hallmark of patent law and is often dispositive in litigations and patent disputes generally. This course will guide students through the process of construing claims of a granted patent within the framework of preparing for or avoiding a patent litigation. In the context of litigation, the course will cover Markman hearings, the Phillips claim construction factors, and how invalidity and infringement considerations influence claim construction. Additionally, the course will survey various types of patent legal opinions that legal counsel provide to clients who are either considering litigation or otherwise assessing whether a product or potential product infringes a patent. In this context, claim construction will be further explored by examining how different tribunals evaluate patent claims. While some exercises will involve straightforward scientific or technical components, the course will focus primarily on legal issues and a technical background is not required to complete the course successfully. Grades will be based on class participation, preparation and presentation of a legal opinion, and several in-class and take-home exercises. 2 credits.