LAW 4010: Intellectual Property: Patents
Patent law enables innovators to protect new technologies ranging from pharmaceuticals to software, and it can also impede firms whose work builds on others' (sometimes invalid) patent rights. Understanding patent law and its reach is thus important for grasping many aspects of the modern economy, including venture capital, corporate deals, international trade, and pressing debates on topics such as biomedical pricing and access. This course provides a thorough grounding in patent doctrine (including patentability, infringement, and remedies), training in elements of patent practice, and tools for conducting further research. We will also emphasize policy analysis of the patent system, including the effect of patent doctrine on innovation and inequality. The course is designed to be useful both for non-patent-specialists and for those planning a career in the field. No technical expertise is necessary whatsoever, and students from all backgrounds are encouraged to enroll. Prerequisites: Introduction to Intellectual Property is recommended but not required. Elements used in grading: Class participation (including short online assignments), attendance, and final exam.
Last offered: Spring 2025
| Units: 3
LAW 4010A: Intellectual Property: Patents
In this course we cover the major aspects of patent law, primarily as applied in the United States: patentability, including novelty, nonobviousness, and enablement; claim construction; infringement; and remedies. The emphasis is on essential legal principles and a policy analysis of the patent system. The course is designed to be useful both as solid background for non-patent-specialists and for those planning a career in the field. No technical background is required. Elements used in grading: Class participation and final exam.
Terms: Spr
| Units: 3
Instructors:
Lemley, M. (PI)
LAW 4011: Intellectual Property: The Business & Law of Technology & Patent Licensing
If you practice in any technology-related area (whether transactions, corporate, IP management or litigation), you will encounter licensing, as it is the principal means by which technology and patent rights are disseminated, exploited and commercialized. It is fundamental to Silicon Valley and beyond, including in software, artificial intelligence, mobile, consumer devices, autonomous cars, semiconductors and pharmaceuticals. This is a practice-oriented course covering the fundamentals of licensing technology and patents, including business considerations, drafting, negotiations and strategic considerations. We will also consider the role of licensing in mergers and acquisitions and litigation. The course is structured based on a real-world hypothetical involving entrepreneurs who spin out university-developed inventions into startup companies and then seek to commercialize the technology and patents to leading companies in a specified technology industry (such as smartphones, autonomous cars, "internet of things" or the like). Elements used in grading: Class Participation, Final Exam. Course Prerequisites: Intro to IP (
Law 4005) or Patents (
Law 4010) or equivalents, or consent of instructor (e.g., based on substantial prior experience).
Terms: Aut
| Units: 3
Instructors:
Mousavi, N. (PI)
;
Yang, J. (PI)
LAW 4012: Intellectual Property: Trademarks
This course will consider the protection and enforcement of trademarks and related state rights in brands and names, including the right of publicity. There is no prerequisite, though some students will have taken Introduction to Intellectual Property. Elements used in grading: Class Participation, Exam (Open-book one-day take-home).
Terms: Aut
| Units: 3
Instructors:
Lemley, M. (PI)
LAW 4013: Information Privacy Law
This course explores the roots of privacy law, its evolution in the face of rapid technological change, and the challenges to an individual's ability to control third party collection, access, use and disclosure of their personal information. The course covers existing and emerging privacy torts, applicable and proposed privacy legislation and regulations, international norms and extraterritorial application of privacy law such as in the EU's General Data Protection Regulation, and self-regulation of privacy through technological means, contracts or other means. We will discuss all of these things, as well as incorporate developments in the news, from the perspective of the various privacy stakeholders--consumers, regulators and business. Elements used in grading: Final Exam.
Last offered: Winter 2021
| Units: 3
LAW 4014: Law, Technology, and Liberty
New technologies from gene editing to networked computing have already transformed our economic and social structures and are increasingly changing what it means to be human. What role has law played in regulating and shaping these technologies? And what role can and should it play in the future? This seminar will consider these and related questions, focusing on new forms of networked production, the new landscape of security and scarcity, and the meaning of human nature and ecology in an era of rapid technological change. Readings will be drawn from a range of disciplines, including science and engineering, political economy, and law. The course will feature several guest speakers. There are no formal prerequisites in either engineering or law, but students should be committed to pursuing novel questions in an interdisciplinary context. The enrollment goal is to balance the class composition between law and non-law students. Elements used in grading: Attendance, Class Participation,
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New technologies from gene editing to networked computing have already transformed our economic and social structures and are increasingly changing what it means to be human. What role has law played in regulating and shaping these technologies? And what role can and should it play in the future? This seminar will consider these and related questions, focusing on new forms of networked production, the new landscape of security and scarcity, and the meaning of human nature and ecology in an era of rapid technological change. Readings will be drawn from a range of disciplines, including science and engineering, political economy, and law. The course will feature several guest speakers. There are no formal prerequisites in either engineering or law, but students should be committed to pursuing novel questions in an interdisciplinary context. The enrollment goal is to balance the class composition between law and non-law students. Elements used in grading: Attendance, Class Participation, Written Assignments. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline. This course is cross-listed with Bioengineering (
BIOE 242) and Engineering (
ENGR 243) .
Last offered: Winter 2017
| Units: 2
LAW 4015: Modern Surveillance Law
This seminar provides an in depth look at modern government surveillance law, policies and practices. It is taught by Richard Salgado, formerly director of law enforcement and information security at Google and a prosecutor at the U.S. Department of Justice's Computer Crime and Intellectual Property Section. We will focus on U.S. government signals collection for national security, intelligence gathering, espionage, criminal law enforcement and public safety purposes, and will address transnational implications. Technologies and practices we will cover include wiretapping, stored data collection and mining, location tracking, encryption and developing eavesdropping techniques. We will explore how government surveillance is permitted, prohibited or controlled by the U.S. Constitution, including the Fourth Amendment, and laws such as the Foreign Intelligence Surveillance Act, the USA Freedom Act, the Patriot Act, the Electronic Communications Privacy Act, the CLOUD Act, and CALEA. We will also look at the role of executive orders and laws outside the United States. No technical expertise is required. Elements used in grading: Two papers, timely submission of topics and outlines, and class participation.
Terms: Spr
| Units: 2
Instructors:
Salgado, R. (PI)
LAW 4016: Patent Litigation Workshop
This course simulates the strategy and pretrial preparation of a patent lawsuit. The course materials include information typical to a patent lawsuit: a patent, file history, prior art, and information regarding the accused product. Students will represent either the patentee or the accused infringer. Students will draft claim construction charts, infringement charts, take and defend depositions, and brief and argue claim construction and motions for summary judgment of infringement and invalidity. Some knowledge of patent law is presumed. Special Instructions: IP: Patents (
Law 4010) is a prerequisite for this course, but can be taken coterminously. Students must attend the first class session (or contact the instructor) or they will be dropped from the class or waitlist. Elements used in grading: Attendance, participation, writing assignments, exercises and oral arguments.
Last offered: Autumn 2021
| Units: 3
LAW 4017: Protection of Personality: Defamation, Privacy, and Emotional Distress
This course will examine the theoretical foundations and common law development of the range of tort remedies designed to afford protection to the interests in personality. Defamation, the right of privacy, and claims of emotional distress and harassment will receive particular attention, along with the constitutional defenses to these claims, based on the First Amendment, and recent issues novel to the internet era. Elements used in grading: Final Exam.
Terms: Win
| Units: 3
Instructors:
Rabin, R. (PI)
LAW 4018: Intellectual Property: International and Comparative Copyright Law
Copyright today is global, and copyright counselling, litigation and licensing increasingly require a general understanding of foreign copyright law and of the international copyright system. This course will focus on the exploitation of US-based music, film, literature, software and other copyrighted works in foreign markets, and of foreign works in US markets, through licensing, litigation, or both. The course will survey the principal legal systems and international treaty arrangements for the protection of copyrighted works as well as the procedural questions that lie at the threshold of protection. There are no prerequisites for the class. Elements used in grading: two problem sets, one mid-course and the other at the end of the course, class participation.
Last offered: Winter 2025
| Units: 2
