Andrew Chin Andrew Chin

Andrew Chin
   
 
 
     
Course Description
Text
Reading Groups
Additional Course Materials
Links of Interest

 
Course Description
LAW 286, 3 units.

This course provides an introduction to essentially all substantive aspects of patent law, including the legal doctrines, public policies, and intellectual theories that inform the practices of patent prosecution, counseling, and litigation. You will initially develop an understanding of the form and substance of the patent instrument, with particular attention to the claims that define the substantive scope of the patent grant. You will then study the statutory requirements for obtaining a patent grant, including utility, novelty, non-obviousness, and adequacy of disclosure. Finally, you will examine the law governing patent infringement, including literal infringement and infringement under the doctrine of equivalents, as well as the applicable defenses and remedies. No prior technical background or knowledge is required or expected, but students should be comfortable with expository readings in science and technology.

Spring 2010 Syllabus

 
Text
Adelman et al., Cases and Materials on Patent Law (3rd ed. 2009); you should also print out a copy of the Patent Act.
 
Reading Groups
1
Davis
Kivus
McClain
2
Higgin
Jennings
Khan
3
Lareau
Mu
Wooten
 
Additional Course Materials
USPTO, Interim Patent Subject Matter Eligibility Examination Instructions
U.S. Patent and Trademark Office, Utility Examination Guidelines, 66 Fed. Reg. 1092-99 (2001)

Patent Baristas, ACLU Mob Attacks Breast Cancer Test Patent
Parent Baristas, ACLU/PUBPAT Gene Patent Challenge Moves Ahead
John Conley, The ACLU v. Myriad Genetics Suit: Legitimate Challenge or Publicity Stunt?

S.515 (111th Cong., 1st Sess.), Patent Reform Act of 2009

Rob Dailey visit (3/16):
Quanta v. LG, 128 S. Ct. 2109 (2008)
LG v. Hitachi, 655 F. Supp. 2d 1036 (N.D. Cal. 2009)
Defendant's Motion for Summary Judgment, LG v. Hitachi (focus on IV.B)
Lecture Notes provided by Mr. Dailey

4/14 readings for 4/15 Meschan/Wilson visit:
Ebay v. MercExchange (in casebook)
Akeva v. Adidas (Fed. Cir. 2006)
Oral argument, Akeva v. Adidas (MP3 file)
JuxtaComm complaint against SAS et al. (E.D. Tex. 2010)

After Deuel:
Andrew Chin, Artful Prior Art and the Quality of DNA Patents

 
Links of Interest
United States Patent and Trademark Office
Located in a massive complex in Arlington, Virginia, the USPTO is a self-financed agency of the Department of Commerce that issues patents and registers trademarks.  Its Web site includes a searchable database of patents and published patent applications from which you can retrieve the text and drawings of every U.S. patent issued since 1976, as well as prosecution history files for most recent patent applications.

Patently-O
The latest news from the patent law world, helpfully digested by Prof. Dennis Crouch of the University of Missouri School of Law.

 
   
   
   
   
   
Andrew Chin   Andrew Chin