New York Law School
About the Course
This is a survey course in intellectual property law. You’ll learn the basic doctrines of the three major federal IP regimes—patent, copyright, and trademark—along with a taste of related state law, primarily trade secret.
We meet Tuesdays and Thursdays, 11:30–12:45 in room W300
Here’s what I expect from you in class:
- Please arrive promptly, be prepared to discuss the day’s readings, and bring your casebook with you.
- If you must miss a class session, email me beforehand.
- I call extensively on students, mostly at random. I’ll do everything I can to make the experience supportive and unthreatening.
- Questions are always welcome. I’ll answer as many questions as time constraints permit. If something seems unclear to you, it’s likely that others are also wondering the same thing.
- In class discussions, you should be respectful of and courteous towards your classmates. One of the skills you are learning as law students is how to express disagreement in a friendly and professional manner.
- You may, but are not required to, participate in the chat room.
- Craig Allen Nard et al., The Law of Intellectual Property (2nd ed. 2008) [hereinafter Casebook]. The first edition is not a suitable substitute. Note that the book contains the statutory sections that would otherwise be in a supplement.
- The course supplement
The schedule below is divided into twenty-eight asssignments. Unless I tell you otherwise, you’re responsible for reading one assignment per class session. I promise to stick closely to a one-assignment-per-session pace.
I will attempt to audiotape each class and make the recording available through Blackboard, typically within 24 hours.
There will be a 24-hour self-scheduled take-home open-book final exam. The exam will have three essay questions and be subject to a strict twelve-page limit. You’re responsible for anything in the readings or discussed in class, with the emphasis on what has been discussed in class.
The exam counts for 100% of your course grade, except that I may adjust it by one third up or down for class participation. I consider good class participation to be anything that helps your classmates learn.
Course Web Page
This syllabus is at http://james.grimmelmann.net/courses/ip2009F. As the semester progresses, I’ll post updates to it here.
Office: Room 706D, 40 Worth St.
Phone: (212) 431-2864
Email: james.grimmelmann (at nyls)
Office Hours: Mondays, 10:00–12:00, or by appointment
Trade Secret (2 classes)
- Casebook 937–50 (Learning Curve)
- Casebook 958–60 (notes)
- United States v. Lange, 312 F.3d 263 (7th Cir. 2002) (in supplement)
- Problem 14-1 (page 955)
- 18 U.S.C. § 1832 (in supplement)
- John Branch, In the NFL, It’s Not Cheating Until You Start Videotaping, N.Y. Times, Feb. 17, 2008 (in supplement)
- Casebook 960–65 (Christopher)
- Casebook 977–78 (note 1)
- Chicago Lock Co. v. Fanberg (in supplement)
- Flaming Moe hypothetical (in supplement)
- Tom Cruise not-so-hypothetical (in supplement)
Patent (8 classes)
- Casebook 655–62 (overview)
- U.S. Pat. No. 4,800,666 (in supplement)
- Casebook 823–27 (Larami)
Statutory Subject Matter
- Casebook 693–706 (Chakrabarty)
- In re Bilski (in supplement)
- Juicy Whip (in supplement)
- Newman v. Quigg (in supplement)
- In re Brana, 51 F.3d 1560 (Fed. Cir. 1995)
Enablement and Claim Drafting
- Casebook 662–78 (O’Reilly, National Recovery Technologies)
- Casebook 685—93 (Datamize)
Novelty and Statutory Bars
- Estee Lauder v. L’Oreal, S.A., 129 F.3d 588 (Fed Cir. 1997) (in supplement)
- Casebook 781–801 (Egbert, Lough, Klopfenstein)
- Casebook 745–773 (Graham, KSR)
- Casebook 823–27 (Larami) (yes, again!)
- Casebook 867–78 (Jazz Photo)
Copyright (8 classes)
- Casebook 315–27 (Feist)
- John Muller & Co. v. New York Arrows Soccer Team, Inc. 802 F.2d 989 (8th Cir. 1986) (in supplement)
- Problem 6-2
Cindy Cohn Guest Lecture
- Casebook 327–34 (Williams)
- Problem 6-3
- Nichols v. Universal Pictures (in supplement)
- Casebook 334–39 (Baker)
Subject Matter and Derivative Works
- Casebook 372–88 (Brandir, Gracen)
- Problem 6-6
Ownership and Duration
- Casebook 399–422 (Aalmuhammad, CCNV)
- Problem 6-7
- Nichols v. Universal Pictures (in supplement) (yes, again!)
- Steinberg v. Columbia Pictures, 663 F. Supp. 706 (S.D.N.Y. 1987) (in supplement)
- UMG v. Augusto (in supplement)
- Casebook 424–33 (Three Boys)
- Shapiro v. Green (in supplement)
- Sony v. Universal (in supplement)
- Casebook 491–502 (Perfect 10)
- Casebook 529–61 (Sony, Harper & Row, Campbell)
Trademark (7 classes)
- Casebook 19–37 (Horizon Mills, Bristol-Myers)
Trade Dress and Product Design
- Casebook 38–62 (Two Pesos, Samara Bros. Traffix, Qualitex)
- Casebook 66–87 (Phillips-Van Heusen, JT Tobacconists, California Innovations)
- Casebook 122–25 (certification and collective marks, the supplemental register)
- Problems 2-8, 2-9, 2-10
- Casebook 95–106 (Healthcare Communications, Peaches Entertainment)
- Electro Source LLC v. Brandess-Kalt-Aetna Group (in supplement)
- Barcamerica Int’l Trust Co. v. Tyfeld Importers Co. (in supplement)
- Problem 2-13
- Casebook 127–42 (Lever Bros)
- AMF v. Sleekcraft Boats, 599 F.2d 314 (9th Cir. 1979) (in supplement)
- Problems 3-1, 3-3
- Casebook 159–72 (Keystone Automotive, Netscape)
- Casebook 116–22 (Rock and Roll Hall of Fame)
- Boston Professional Hockey Ass’n v. Dallas Cap & Emblem Mfg., Inc., 510 F.2d 1004 (5th Cir. 1975) (in supplement)
- Casebook 240–44 (Sunmark)
- Casebook 249–51 (August Storck)
- Mattel, Inc. v. MCA Records, 296 F.3d 894 (9th Cir. 2002) (in supplement)
- Problems 4-2, 4-3