Instructor: Frank Porcelli, principal, Fish & Richardson P.C., J.D. ‘71
This two-credit course will cover the basic aspects of patent infringement litigation, beginning with the presuit investigation and covering basic phases of the process through trial, including the initial pleadings, discovery, the Markman claim construction phase, pretrial and trial. The main focus will be on the practical aspects of this rather prevalent and growing form of commercial litigation by having the students perform in a series of simulated situations likely to arise in any patent suit, including, for example, drafting a complaint, preparing infringement contentions, taking and defending a deposition, arguing at a Markman hearing, and delivering an opening statement at trial. The backdrop to these exercises will be the overall strategy driving the events for both the patentee and the defendant throughout the litigation and the importance of proving one’s case both during discovery and at trial. In addition client relationships will be addressed such as budgeting, communication with the client, and settlement opportunities. Students should come out of this course with a good idea of what to expect and what to do in patent litigation, including the roles of various members of litigation teams. Practical information on the issues likely to arise at each phase of the litigation will come in the form of case law and practical experience of the instructor, a patent lawyer with lengthy experience in patent trial and appellate work. He is a principal at the #1 patent litigation firm in the nation, Fish & Richardson. Fish has appeared in more patent litigations by far than any other firm over the past decade. The instructor intends to bring the wisdom of his firm in winning patent litigation to the classroom, and plans to have distinguished trial attorneys demonstrate various litigation events and be guest lecturers.
Prerequisites: Patent Law or Intellectual Property.