INTELLECTUAL PROPERTY

SPRING 2012MW 7:25-8:40

Professor John Blevins jblevins@loyno.edu Room #460, 504.861.5853 Office Hours: TBA

REQUIRED TEXTS: Merges, Menell, and Lemley, Intellectual Property in the New Technological Age (Aspen5th ed.) (Casebook). Merges, Menell, Lemley, Intellectual Property in the New Technological Age: 2011 Case and Statutory Supplement (Supplement). COURSE OBJECTIVES: This is an introductory course providing a general overview of intellectual property law. The course will focus on the four core doctrines of copyright, trade secret, patent, and trademark. The course will explore both the laws doctrinal aspects and their policy rationales. No technical or scientific knowledge is presumed, nor is it necessary. READING ASSIGNMENTS: You are responsible for the assigned readings, and are expected to be prepared to discuss them in class. You are also expected to check your email for any additional readings (e.g., news articles, blog posts) that I may assign throughout the semester (though I will give you ample notice). Consistent failure to be prepared for class may result in a reduction of your grade. If there are reasons you cannot be prepared for class, please contact me beforehand. Class materials (such as syllabus, powerpoints, links to podcasts) will be made available on Coursekit (an alternative to Blackboard). I will provide details in class. GRADING: Your grade will be determined by your final examination along with any reductions from consistent failures to be prepared. The examination will be open book.

ATTENDANCE: Attendance will be taken at the beginning of each class. If you miss 20% of the scheduled classes, you will notas a matter of school policybe allowed to sit for the final examination. You are responsible for all material, announcements and assignments given during classes that you missed. You are also expected to be on time. Please turn off or silence cell phones. Texting and instant messaging in class are prohibited and will be considered as a failure to prepare for class, which could ultimately lead to a grade reduction. OPEN DOOR POLICY: In addition to office hours, you are welcome to drop by anytime Im in my office. You may also schedule a time to meet. NOTE: The syllabus is subject to change at my discretion. You will be given ample notice of any changes. DISABILITY SERVICES/ACCOMMODATIONS: If you have special needs (e.g., alternative testing), please contact Dean Stephanie Jumonville in the law school or Sarah Mead Smith, Director of Disability Services, in the Academic Resource Center in Monroe Hall, Room 405, (504) 865-2990.

READING ASSIGNMENTS INTRODUCTION Class 1: Introduction When Patents Attacks at http://www.thisamericanlife.org/radioarchives/episode/441/when-patents-attack Class 2: Overview of IP Doctrines and Theory Casebook1-2 (stop at Section 1), 11-17, 24-31 COPYRIGHT Class 3: Introduction; Requirements of Copyrightability Casebook411-27 Statute17 U.S.C. 102-103 (Supplement183-84) Class 4: Limitations of Copyrightability Casebook441-42, 460-75 Statute102, 105 Statute101 (Look up definitions of (1) pictorial, graphic, and sculptural works and (2) useful article) Class 5: Ownership/Duration/Formalities Casebook487-505, 508-10 (skim); 435-41 (skim) Statute101 (work made for hire) (joint work) Statute201, 204

Class 6: Exclusive Rights/Infringement I Casebook518-34 Statute106 Class 7: Exclusive Rights II Casebook536-38 (Prob. 4-28); 556-71 Statute109(a) Class 8: Exclusive Rights III; Secondary Liability Casebook571-74 (note Prob. 4-35), 581-89 Class 9: Fair Use Casebook592-601, 622-33 Statute107 Class 10: Remedies; Modern Issues Casebook722-32 Statute502-505 TRADE SECRET Class 11: Overview and Subject Matter Casebook 33-43, 49-53, 58-60 Supplement71-72 (3426.1) Class 12: Misappropriation Casebook 66-73, 78-83

Class 13: Employees Casebook 85-97, 107-11 PATENT Class 14: Overview and Subject Matter Casebook 125-43 Statute: 35 U.S.C. 101 (Supplement97) Class 15: Subject Matter II Supplement3-27 Casebook180-85 Class 16: Enablement and Written Description Casebook 185-99 Statute: 35 U.S.C. 112 Class 17: Novelty and Statutory Bars Casebook209-18, 220-22, 230-35 Statute: 35 U.S.C. 102 Class 18: Nonobviousness Casebook 235-56 Statute: 35 U.S.C. 103

Class 19: Claim Construction and Infringement Casebook 267-81 Statute: 35 U.S.C. 271(a)-(b) Class 20: Infringement, contd; Defenses Casebook 295-304 (just skim 300-04), 343-47; 362-67 Class 21: Remedies and Reform Casebook 377-93 TRADEMARK Class 22: Introduction to Trademark Casebook 733-50 Statute: 15 U.S.C. 1127 (definitions of trademark and service mark) Class 23: Establishing Marks: Distinctiveness Casebook 751-74 Class 24: Priority, Registration, Use of Marks Casebook 777-88; 796-806 Statute: 15 U.S.C. 1052(a), (c), (e) Class 25: Infringement & Dilution Casebook 824-47 Statute: 15 U.S.C. 1125(c)

Class 26: Defenses and Remedies TBA