IP Overview assignments

CLASS 1 – FRIDAY, MAY 29: INTRO TO IP; COPYRIGHT

Note that the first day of class is May 29 and  not May 22.

Syllabus: Available here.

Quiz: Every week’s class will start with a short quiz on Canvas based on the readings for that class. To take the quiz, you should be logged into Bobcat and then go to this link. Be sure you are logged into the Canvas site when class starts. The quiz will take place shortly after class begins and you will be given a limited amount of time to do the quiz, approximately 15-25 minutes depending on the quiz length.

Tip for preparation for all sessions: ABA Standard 310 requires that each hour of in-person instruction correspond to approximately 2 hours of out-of-class student work. Each of these sessions are 3.5 hours long, so the materials in each class session below–prepared properly–will take you about one working day of prep each. You absolutely must do the work. Most of it is really cool stuff and fun, but I must emphasize your need to do all of these ahead of time. Class is a combination of lecture, questions, discussion, and activities, and as an overview course, it covers a lot of ground quickly and moves at a brisk pace. If you think you can skip preparation and “pick it up” from lecture, I can assure you, you will not. In class, I will assume that you are properly prepared and class will proceed under that assumption. I recognize that you may find some readings more complex, and I will be happy to discuss such points to help you to understand them. But it is your responsibility to lay the foundation for these classes by diligently preparing each session.

Copyright statutes: Edited selections from Copyright Act sections 101, 102, 106, 107, and 109: download them here. Print ’em, read ’em, and mark ’em up. IP law is heavily dependent on statutes, so we’ll discuss these in detail.

Readings: in McJohn E&E:

Note: page numbers are keyed to the PDF version of the book, available from the Wolters Kluwer site (available in turnvia STU library). If you use a non-PDF version of the book, you can use the parenthetical descriptions below to find the assigned sections.

• Intro to IP: 1-5 (Ch. 1, in full, intro to main areas of IP)
• Copyright subject matter: 9-26 (Ch 2, start at beginning, stop before “New Works”)
• Copyright subject matter: 49-60 (Ch. 2, from “Categories of Works,” stop before “Fixation”)
• Copyright, idea/expression: 69-73 (Ch. 3, from beginning, stop before “Abstractions test”)
• Copyright, ownership & duration: 111-21 [really 122] (Ch. 4, from beginning, stop before “Joint Authors”)
• Copyright, ownership & duration: 160-66 (Ch 4, from “Period of Protection,” stop before “Bring Back”)
• Copyright rights & limitations: 169-75 (Ch. 5, from beginning, stop before DRAM issue)
• Copyright rights & limitations: 177-86 (Ch. 5, start at “Adaptation right,” stop before section 106A moral rights)
• Copyright rights & limitations: 205-225 (Ch. 5, start at Limitations/Fair use, stop before “Limits on First Sale Rights”)

Handouts: Download and read these.

• Chart comparing four main areas of IP protection
• Copyright infringement basics
• Copyright TX registration form
• Duration (shown in class)

Activity: Go to the Copyright Office website at http://www.copyright.gov. Poke around. Explore. Take a peek at how you can search registrations, file applications for registration, and find information of interest such as the Fair Use index. Note the existence of helpful Circulars. I’ll talk about some of these in class.

CLASS 2 – FRIDAY, JUNE 5: PATENTS

If we have any overlap from last week, we might pick up there, then we’ll move on to . . .

Quiz: Every week’s class will start with a short quiz on Canvas based on the readings for that class. To take the quiz, you should be logged into Bobcat and then go to this link. Be sure you are logged into the Canvas site when class starts. The quiz will take place shortly after class begins and you will be given a limited amount of time to do the quiz, approximately 15-25 minutes depending on the quiz length.

Patent statutes: Edited selections from Patent Act sections 100, 101, 102, 103,and 271: download them here. Again, print ’em, read ’em, and mark ’em up. IP law is heavily dependent on statutes, so we’ll discuss these in detail.

Readings: in McJohn E&E:

Note: page numbers are keyed to the PDF version of the book, available from the Wolters Kluwer site (available in turnvia STU library). If you use a non-PDF version of the book, you can use the parenthetical descriptions below to find the assigned sections.

• Patent, subject matter & exclusions: 249-79 (all of Ch. 6)
• Patent, novelty: 281-89 (Ch. 7, from beginning, stop before Derivation)
• Patent, AIA, utility, nonobviousness: 300-319 (Ch. 7, start at “2011 Act Rules,” continue through chapter’s end)
• Patent infringement: 349-68 (Ch. 9, stop before “Defenses”)

Activity: Do the following before class:

• Print out and read this patent: Coffee or tea filtering press (7,849,784)
• Use this handout to guide you; answer the questions on the handout

Additional handouts: we’ll discuss these in class. I’m posting them here so you have a chance to review them before class.

• Types of patents (utility, design, plant, plant variety)
• What is unpatentable subject matter?
• Section 102 timing hypos
• Section 103 order of analysis
• Parallels between 102/271 and 103/271-equivalence

CLASS 3 – FRIDAY, JUNE 12: TRADEMARKS

Overlap, and then . . .

Quiz: Every week’s class will start with a short quiz on Canvas based on the readings for that class. To take the quiz, you should be logged into Bobcat and then go to this link. Be sure you are logged into the Canvas site when class starts. The quiz will take place shortly after class begins and you will be given a limited amount of time to do the quiz, approximately 15-25 minutes depending on the quiz length.

Trademark statutes: Edited selections from Lanham (Trademark) Act sections 2, 32, 43, and 45: download them here. You know the drill. Print ’em, read ’em, and mark ’em up.

Trademark readings in McJohn E&E:

Note: page numbers are keyed to the PDF version of the book, available from the Wolters Kluwer site (available in turnvia STU library). If you use a non-PDF version of the book, you can use the parenthetical descriptions below to find the assigned sections.

• Trademark subject matter: 389-401 (Ch. 10, from beginning, stop before “Source-Identifying Function”)
• Trademark, spectrum and unprotectable symbols, 409-40 (Ch. 11 in full)
• Trademark, searching and acquisition of rights, 441-49 (Ch. 12, from beginning, stop before “Registration”)
• Trademark, ownership, 459-69 (Ch. 12, start with Ownership, through chapter end)
• Trademark infringement 471-94 (Ch. 13, from beginning, stop before “Section 43(a)”)
• Trademark dilution & cybersquatting, 503-10 (Ch. 13, from Dilution through chapter’s end)

Handouts:

• Examples of marks
• Types of trademarks
• Spectrum of marks table
• Descriptive vs. suggestive marks: examples
• Distinctiveness and functionality
• Section 2 bars: the case of OBAMA BIN LADEN

Activity: Go to the Trademark Office website and

• Find a trademark. Click here and then click on “Search Trademarks.” Then click on “Basic Word Mark Search.” Use it to find a famous trademark that you know of.
• Invent a trademark. Create a trademark and goods and then use the Basic Word Mark Search to search for it. Try variations (such as variations of sight, sound, and meaning). Has somebody already filed an application for your trademark? Bring your fictional trademark (along with its goods or services) to class.

CLASS 4 – FRIDAY, JUNE 19: TRADE SECRETS AND RIGHT OF PUBLICITY

Overlap and . . .

Quiz: Today’s class may start with a short quiz on Canvas based on the readings for that class. To take a quiz, you should be logged into Bobcat and then go to this link. Be sure you are logged into the Canvas site when class starts. Any quiz will take place shortly after class begins and you will be given a limited amount of time to do the quiz, approximately 15-25 minutes depending on the quiz length.

Selected trade secret and right of publicity statutes: Edited selections from the Florida Uniform Trade Secrets Act, the federal Defend Trade Secrets Act, and the Florida Rigght of Publicity Act: download them here. Print, read, . . . well, you know.

Trade secret readings:

Note: page numbers are keyed to the PDF version of the book, available from the Wolters Kluwer site (available in turnvia STU library). If you use a non-PDF version of the book, you can use the parenthetical descriptions below to find the assigned sections.

Note: 6/15 – I cut a couple readings out of the assignment.

• State-law:
  • Trade secret subject matter, McJohn E&E: 513-34 (Ch. 14 in full)
  • Trade secret reasonable security measures, McJohn E&E: 535-46 (Ch. 15, from beginning, stop before Ownership)
  • Trade secret public disclosure, McJohn E&E: 548-58 (Ch. 15, from “Termination of the Trade Secret” through chapter end)
  • Trade secret misappropriation, McJohn E&E: 559-67 (Ch. 16, from beginning, stop before “Remedies”)
  • Trade secret hypos, McJohn E&E: 570-75 (Ch. 16, do the Examples & Explanations at the end of the chapter [the ones following “Punitive Damages”)
• Trade secret misappropriation hypos 
• Federal law DTSA: Bret A. Cohen, Michael T. Renaud, Nicholas W. Armington, Explaining the Defend Trade Secrets Act

Right of publicity readings:

• Right of publicity, McJohn E&E: 587-92 (Ch. 17, start with “Right of Publicity,” stop before “Federal Preemption”)

“IN-CLASS” ONLINE FINAL EXAMINATION: FRIDAY, JUNE 26

Read instructions carefully.

Required start time; duration. Final examination, online, starting at 9:00AM, Friday, June 26, using Canvas. Go to the IP Overview course on Canvas. The exam is there and will be available at 9AM. You must start the exam at 9AM (or within a few minutes of 9AM). Once you start the exam, the clock will start running and you will get 2 1/2 hours to do the exam (or if you have accommodations, the time will be adjusted accordingly). If you log out or leave the page, the clock will continue running and you cannot “buy” yourself more time by leaving Canvas. When time expires, Canvas will lock you out, so watch your time closely.

Permitted materials. This exam must be taken using Canvas. During the exam, you may consult any of the following published or written materials:

• McJohn’s IP E&E (hard copy book or useful printouts or even the online ebook itself)
• Any statutes that have been assigned
• Your notes
• Your outline
• Any handouts I have given you or that you found on the course website
• Any materials on my website

You may use other pre-existing materials as well, so long as they are in printed form (paper or online), and so long as they comply with the conditions found below and as contained in the certification to this exam.

Prohibited communications; required certification. You may not communicate with any person, directly or indirectly, about the substance of this exam either before or during your (or any other class member’s) completion of the exam. The Honors Code applies as always. Thus, do not communicate with others about what appears on this exam, or possible answers, until after the exam date, and after all class members have taken the exam. As part of this exam, you will also be required to certify your compliance with the Honors Code and exam restrictions. See the certification page that follows [the instructions] page for further details. [Note: in order to get a score in the exam, you must answer “true” to the certifications you’ll find in the certifications page that follows the instructions page.]

Relevant law. Unless the question indicates otherwise, assume that any questions involving trade secret laws are based on the Florida Uniform Trade Secrets Act. Assume that any questions involving right of publicity are based on the Florida right of publicity statute.

Time and scoring. The exam is written to be completed in 2.0 hours. Thirty extra minutes are provided for a total of 2.5 hours. See questions for further details on point indications. Suggested times for portions of the exam are shown below.

• Questions 1 and 2 are the Honors Code Certification and a box for your AGN (no points).
• Questions 3-11 are fill-in-the-blanks, short answers, or matching questions (total of 30 minutes). Blanks or spaces are provided where applicable. For other questions, use the drop-downs to select the best answer.
• Questions 12-15 are written-answer (total of 30 minutes). Write your answers in the Canvas text blocks provided. Three of the questions are required and worth 10 points each, and one is an extra-credit question worth 5 points.
• Questions 16-35 are multiple-choice (20 questions, total of 60 minutes). Indicate your answers by clicking your choice. If you think more than one answer is arguably correct, choose the best answer.

When you are done. Once you complete the exam, be sure to “submit” the exam to finish. Once you submit your exam, you may not go back and change any answer. If you run out of time, then once your allotted time has ended, Canvas will lock you out and auto-submit your chosen answers for you, so keep an eye on your time.

If you have any problems during the exam. If you have any problems (technical or otherwise) during the exam, you should not contact Professor Nathenson. For technical problems, email stulawhelp@stu.edu.  The law library monitors this email account between 8AM-8PM, and says they can get back to you within 10 minutes during the exam time. Include your phone #. If you have academic concerns or questions about the substance of the exam, call or email Dean Hernandez’ office at 305-623-2358, jhernandez@stu.edu.