Intellectual Property, Spring 2008
Monday, Wednesdays, 11:30-12:45, Rm. C200
Professor: Beth Noveck
bnoveck@nyls.edu
Office: 40 Worth St.
7th Floor, Room 706
Required Reading:
Merges, Menell & Lemley, Intellectual Property in the New
Technological Age,
Unless otherwise noted, all reading is in this casebook.
Merges, Menell & Lemley, Intellectual Property in the New Technological Age: 2007 Statutory Supplement (optional)
Jaffe and Lerner, Innovation and Its Discontents: How Our Broken Patent System is Endangering Innovation and Progress, and What to Do About It (2004)
Note on the Casebook
If you were lucky enough to buy a used third or fourth edition textbook,
the assignment for each class will be listed for the 3rd, 4th and 4th
revised edition where the text is comprable or the same. Where the
content is not the same, students are responsible for all materials
assigned in the FOURTH REVISED EDITION. If the edition you purchased
does not have all of the cases and materials assigned for a certain class,
please retrieve the cases you are missing using either Lexis or Westlaw,
include them in your notes and make sure you are familiar with them for
class and for the exam.
Note on the Supplement
Rather than require a statutory supplement for this class, links to
statutory materials will be provided in this syllabus where they are
listed as part of an assignment.
Class participation is required. You will be called on
to contribute in class and assigned to various portions of the course wiki
pages, blog and website. All of these resources
are made available on the Class Dashboard.
Those who voluntarily contribute above and beyond required posting and regularly participate in class and/or the class weblog receive a half-grade "bump."
Syllabus Key
4th Rev'd: Class assignment in the Fourth Revised Edition of the
casebook
4th: The same assignment in the Fourth Edition casebook
3rd: The same assignment in the Third Edition casebook
ALL: Readings (like statutes and online materials) which do not vary by
edition and all students must complete
Syllabus
INTRODUCTION
Monday, January 14: Introduction to
Intellectual Property and Class Tools
4th Revised Edition: 1-31; problems 1-2 and 1-3
4th Edition: 1-31; problems 1-2 and 1-3
3rd Edition: 1-26, problems 1-2 and 1-3
TRADE SECRET (3 Lectures)
Wednesday, January 16: Introduction to Trade Secret and its
Subject Matter
4th Rev'd: 33-62 (Metallurgical Industries, Rockwell Graphic Systems)
4th: 33-62 (Metallurgical Industries, Rockwell Graphic Systems)
3rd:
Metallurgical Industries v. Fourtek Inc., 790 F.2d 1195 ,
Rockwell
Graphic Systems, Inc. v. Dev Industries, Inc., 925 F.2d 174
Monday, January 21: Legislative Holiday - No Class
Tuesday, January 22: Misappropriation of Trade Secrets
4th Rev'd: 62-80 (DuPont, Smith, Kadant), Do problems 2-7, 2-9
4th: 62-80 (DuPont, Smith, Kadant), Do problems 2-7, 2-9
3rd: 55-72 (DuPont, Smith, Chicago Lock), Do problems 2-6, 2-8
Wednesday, January 23: Misappropriation, cont'd: Agreements to
Keep Secret
4th Rev'd: (Wexler); Do problem 2-14
4th: 80-101 (Wexler); Do problem 2-14
3rd: 72-90 (Wexler); Do problem 2-13
PATENT (7 Lectures)
Optional: Innovation and Its Discontents, pps. 25-55
Monday, January 28: Introduction to Patent: Elements of
Patentability and Patentable Subject Matter
4th Rev'd: 117-144 (Diamond v. Chakrabarty, Parke-Davis)
4th: 117-44 (Diamond v. Chakrabarty, Parke-Davis)
3rd: 105-135 (Diamond v. Chakrabarty, Parke-Davis)
ALL: 35
USC Sections 100-103
Wednesday, January 30: Conditions for Patentability: Utility
and Novelty
This Lecture will be done by video - watch the video HERE
4th Rev'd: 144-57 (Brenner, In re Fischer); 186-95 (Rosaire, In re
Hall)
4th: 144-59 (Brenner, In re Fischer); 187-96 (Rosaire, In re Hall)
3rd: 136-57 (Brenner, Rosaire, In re Hall)
ALL: 35
USC 102(a) and 102(b)
Monday, February 4 :
Statutory Bars and Other Exceptions
4th Rev'd: 195-212 (Egbert, City of Elizabeth, Griffith)
4th: 196-214 (Egbert, City of Elizabeth, Griffith)
3rd: 157-172 (Egbert, City of Elizabeth, Griffith)
ALL: 35
USC 102(g)
Wednesday, February 6: Non-Obviousness, Describing the
Invention
4th Rev'd: 212-24 (Graham), 158-185 (Incandescent Lamp, Gentry
Gallery)
4th: 214-26 (Graham), 159-85 (Incandescent Lamp, Gentry Gallery)
3rd: 172-84 (Graham), 196-215 (Incandescent Lamp, Gentry Gallery)
ALL: 35
USC 103 and 112,
113,
114
Monday, February 11: Non-Obviousness,
Cont'd.
4th Rev'd: 224-237 (KSR v. Teleflex)
3rd/4th: KSR
v. Teleflex excerpt
ALL: Innovation and Its Discontents: Introduction and Chapter 2,
pps. 1-24 and 56-77
Wednesday, February 13: Literal Infringement and the
Doctrine of Equivalents
4th Rev'd: 250-291 (Phillips, Larami Corp., Festo)
4th: 239-80 (Phillips, Larami Corp., Festo)
3rd: 215-230 (Larami Corp.); 237-47 (Festo)
ALL: 35
USC 271
Wednesday, February 20: Patent Reform
ALL: Read the Executive Summaries of "To
Promote Innovation..." (FTC) and "A
Patent System for the 21st Century" (ANS); in addition read this
H.R.
1908 excerpt; and Innovation and Its Discontents: Chapters 6 and 7,
pps. 151-207
COPYRIGHT (9 Lectures)
Monday, February 25: Introduction to Copyright and Copyright
Requirements
4th Rev'd: 383-411 (Feist)
4th: 367-95 (Feist)
3rd: 319-344 (Feist)
ALL: 17
USC 102
Wednesday, February 27: The Subject Matter of
Copyright
4th Rev'd: 411-36 (Baker v. Selden, Morrissey v. Procter &
Gamble, Brandir Int'l); Do Problem 4-3 (p. 417)
4th: 395-420 (Baker v. Selden, Morrissey v. Procter & Gamble, Brandir
Int'l); Do Problem 4-3 (p. 401)
3rd: 344-366 (Baker v.
ALL: 17
USC 101
Monday, March 3: Ownership and Duration
4th Rev'd: 436-443, 446-454 (CCNV v. Reid), 465-474
4th: 420-427, 430-438 (CCNV v. Reid), 449-458
3rd: Read pps. 366-373, 378-387 (CCNV v. Reid), 395-402
ALL: 17
USC 101, 106,
201(b)
Wednesday, March 5: Rights of Copyright
Holders
4th Rev'd: 474-500 (Arnstein v. Porter, Nichols v. Universal, Steinberg v.
Columbia)
4th: 458-484 (Arnstein v. Porter, Nichols v. Universal, Steinberg v.
Columbia)
3rd: 402-426 (Arnstein v. Porter, Nichols v. Universal, Steinberg v.
ALL: 17
USC 106
Monday: March 10: Fair Use, Copyright and the
First Amendment
4th Rev'd: 522-51 (Harper & Row, Sony, American
Geophysical)
4th: 506-39 (Harper & Row, Sony, American Geophysical)
3rd: 450-81 (Harper & Row, Sony, American Geophysical)
ALL:17
USC 107
Wednesday, March 12: Fair Use/Parody
4th Rev'd: 555-569 (Campbell v. Acuff-Rose)
4th: 539-553 (Campbell v. Acuff-Rose)
3rd: 481-96 (Campbell v. Acuff-Rose)
SPRING BREAK - NO CLASS March 17 and 19
Monday, March 24 : Indirect Liability and Digital
Copyright Law; DMCA Basics
4th Rev'd: 572-577 (Sony Corp. v Universal), 594-614 (MGM v.
Grokster, Kelly v. Arriba)
4th: 556-561 (Sony Corp. v Universal), 578-598 (MGM v. Grokster, Kelly v.
Arriba)
3rd: Relevant discussion of these 3 cases is absent from the 3rd edition,
please read online or from the 4th edition available in the library. You
can look up the cases using these citations: 464 U.S. 417, 125 S.Ct. 2764,
336 F.3d 811.
Wednesday, March 26: DMCA
4th Rev'd: Reading TBD
4th: Reading TBD
3rd: Reading TBD
TRADEMARK (7 Lectures)
Monday, March 31 : The Subject Matter of
Trademark and Trade Dress
NOTE: This Class may be rescheduled
4th Rev'd: 640-64 (Qualitex, Zattarains)
4th: 624-648 (Qualitex, Zattarains)
3rd: 536-559 (Qualitex, Zattarains)
Wednesday, April 2 - NO CLASS - FACULTY PRESENTATION DAY
Monday, April 7: Guest Lecture: "Hear No
Evil"?: Music Copyrighted in the Real World
Speaker: Prof. Brian
Murphy, Partner, Frankfurt, Kurnit, Klein and Selz
ALL: Vargas
v. Pfizer, 418 F.Supp.2d 369 (S.D. N.Y. 2005) and Bridgeport
Music v. Dimension Films, 410 F. 3d 792 (6th Cir. 2005)
Wednesday, April 9: The Subject Matter of Trademark and
Trade Dress
4th Rev'd: 640-64 (Qualitex, Zattarains)
4th: 624-648 (Qualitex, Zattarains)
3rd: 536-559 (Qualitex, Zattarains)
Monday, April 14: The Subject Matter of Trademark and
Trade Dress
4th Rev'd: 640-64 (Qualitex, Zattarains)
4th: 624-648 (Qualitex, Zattarains)
3rd: 536-559 (Qualitex, Zattarains)
Wednesday, April 16: Trade Dress Cont'd and Common Law
Protection
4th Rev'd: 664-676 (Two Pesos, Wal-Mart v. Samara)
4th: 648-660 (Two Pesos, Wal-Mart v. Samara)
3rd: 559-572 (Dos Pesos, Wal-Mart v. Samara)
Monday, April 21:
Infringement
4th Rev'd: 715-751 (1-800 Contacts, AMF v. Sleekcraft, Nabisco v. PF
Brands)
4th: 699-736 (1-800 Contacts, AMF v. Sleekcraft, Moseley)
3rd: 614-639 (AMF v. Sleekcraft, Nabisco v. PF Brands)
Wednesday April 23: NO CLASS
Monday, April 28: Defenses
4th Rev'd: 787-798 (Murphy Door Bed), 821-831 (Mattel v.
MCA Records)
4th: 769-780 (Murphy Door Bed), 803-813 (Mattel v. MCA Records)
3rd: 675-686 (Murphy Door Bed), 710-19 (Mattel v. MCA Records)
ALL: Mattel v. Walking
Mountain (Barbie in a blender case)
Wednesday, April 30:
Cyber-Squatting, Search Engines and
Trademark Practice Basics
Handouts.
