Students who enroll in this course may count the credits towards the JD experiential learning requirement.
Prerequisites: For JD students there are no formal prerequisites, although a basic understanding of the rules of evidence and the Federal Rules of Civil Procedure is assumed throughout the course. For LLM students, permission of the instructor is required. No technical background or prior experience with patent law is required.
Exam Type: No Exam
This three-credit simulation course will allow students to act as trial counsel in a federal civil action, from the initiation of litigation through trial and judgment, in the unique context of a patent case. Patent trials present particular challenges for lawyers. Effective patent litigators must be strong courtroom advocates, but must also be able to teach technical concepts effectively to both judges and juries, all the while navigating the doctrinally complex and policy-driven world of patent law.
Students will prepare briefs, argue motions, take depositions, develop and deliver presentations, and present and cross-examine witnesses. The course will follow a patent-focused hypothetical case through a motion to dismiss, a claim construction hearing, depositions, and trial. The first two thirds of the course will cover the pretrial and trial preparation period, and the last third will be a student-litigated simulated patent trial.
The course will focus on a patent case as an example of a challenging civil trial, and students will get some grounding in patent doctrine as part of the simulation. The focus of the course will, however, be on teaching the broader litigation skills necessary to present technically and legally complex cases to judges and juries.
The instructor for this simulation course is Louis Tompros, a partner at WilmerHale, who has thirteen years of experience litigating patent infringement cases in federal courts throughout the United States.
Note: The content of this course overlaps with Mr. Porcelli's spring offering of Patent Litigation Workshop; students may only enroll in one of these courses for credit.