High Tech Law Courses
Survey of basic generally accepted accounting principles ("GAAP") in the context of corporate business transactions, partnership formations and dissolutions, family law matters and public company reporting. How to read a financial statement in the context of a business formation, acquisition or sale; a divorce settlement; and litigation. Overview of the relationship of lawyers and accountants in a mutual client engagement. Not open to law students who have an extensive background in accounting or accounting courses. Approved IP LL.M. course.
Examines selected topics in copyright law in greater depth. Anticipated topics include the application of copyright law to computer software and the Internet, third-party liability for copyright infringement, restoration of copyright in works of foreign origin, and international copyright protection. Prerequisite: 385 Copyright Law. Approved IP LL.M. course.
A hands-on course for those planning on specializing in intellectual property practice. Electronic research networks and use of proprietary publications will be featured. Approved IP LL.M. course. Graded credit/no credit.
Examination of advanced issues in patent law; focusing on decisions by the Court of Appeals for the Federal Circuit during the past year and selected major developments in other countries. Issues covered will include the public use and on sale bars, obviousness, disclosure requirements, inventorship and priority, inequitable conduct, claim interpretation, the doctrine of equivalents, and remedies, including a brief examination of the rules regarding appeals to the Federal Circuit. Students should have had a basic course on patent law or equivalent, or permission of the instructor. Approved IP LL.M. course.
For students who have completed Technology Licensing, the student will have the opportunity to gain greater expertise in drafting and negotiation of IP related agreements as well as a deeper understanding and exposure to timely topics in the IP practice. Similar instruction method as used in Technology Licensing including review/mark-up and mock negotiation of agreements. Special topics include: open source licenses; patent licenses; biotech licenses and antitrust issues in licensing. Pre-requisite: 228 Technology Licensing. Approved IP LL.M. course.
Legislative limits on free market transactions. This survey course covers restraints of trade such as price-fixing, market division, exclusive dealing and tying, monopolization, and mergers. A rudimentary knowledge of economic theory is required to understand court decisions, but many students master the few necessary economic principles during the course despite a lack of prior work in economics. Approved IP LL.M. course.
This seminar will focus on cloning and genetic engineering: two emerging biotechnologies that challenge our understanding of what it means to be human. Topic include: science of cloning; psychological reactions to cloning, as revealed in film and literature; a critical examination of political and philosophical objections to cloning; analysis of laws against cloning, including their constitutionality under the First and Fourteenth Amendments; science of genetic engineering; political and philosophical objections to genetic engineering; eugenics; and the constitutionality of laws that may be enacted against genetic engineering. Approved IP LLM course.
This course will introduce you to the issues encountered when starting up a biotech company and afterwards. The course examines a variety of legal topics related to the biotechnology industry, such as the initial financing, the regulatory environment, intellectual property, licensing, antitrust and practical uses of biotechnology. Approved IP LL.M. course.
The Broadband Regulatory Clinic provides students with the hands on experience of providing research, writing and filing policy comments on behalf of clients seeking representation in hearings before the California Public Utilities Commission (CPUC) and/or the Federal Communications Commission (FCC). Over the duration of the one semester clinic, students will interface with community-based, education, traditional civil rights, municipal and/or small business organizations to address timely cutting edge broadband regulatory issues before state or federal legislative and/or regulatory bodies. In addition, students will be required to write a substantive paper on a timely regulatory topic agreed upon by the student and the professor. Enrollment will be limited. Students who have taken Mass Communications I or Mass Communications II will have priority for purposes of placement in the clinic. Approved IP LL.M. course.
This course�covers a wide variety of technology related�agreements, other than license agreements, encountered in technology law practice. These agreements include NDAs, reseller,�professional services, �VAR, distribution, manufacturing, and other�agreements that are�frequently used by law firms and �technology companies. The course emphasis is on understanding and drafting agreements.� Technology Licensing (228) as a prerequisite is recommended, but not required. Approved IP LL.M. course.�
In-depth examination of the current status of copyright doctrines under the 1976 Copyright Act. Consideration of principles historically developed under the common law and the 1909 act. Emphasis on the traditional realms of copyright: literary, musical, and artistic works. Exploration of recent copyright developments in computers, video recording,� internet and other modern technologies. Approved IP LL.M. course.�
Evaluates the emerging body of law relating to cyberspace, including the Internet, on-line services, bulletin boards, and Web sites. Given the newness and complexity of the technology, special attention will be paid to the application of existing laws and models to cyberspace. Also examines the difficult problem of system operator liability for the actions and statements of their users. Class discussions will consider practical, day-to-day approaches to current problems and the business issues faced by clients. Approved IP LL.M. course.
This combined course will survey of the legal aspects of the creation and distribution of content in the entertainment industry and the various agreements used to structure deals in the industry. The course will explore the similarities and differences in the exploitation of intellectual property in the television, film, music and video game industries. The course will evaluate not only relevant copyright, trademark and competition issues but will also teach the practical aspects of how deals get done. Grades will be based on paper as well as contract negotiation exercise. Approved IP LLM course.
Topics include an overview of the different forms of business entities and their income tax classifications, partnership taxation and corporate taxation. This course replaces 272. Federal Corporate Income Taxation and 279. Partnership Tax. Approved I.P. LL.M. course.
An exploration of the basic theses, concepts, and policies of the whole of intellectual property. An overview of each of the main fields of intellectual property follows: patents, copyrights, and unfair competition (including trademark, trade secret, and false advertising). Federal statutory law is emphasized, but some coverage is given to state unfair competition doctrine. The course is designed for the student who does not intend to specialize in intellectual property. Cases are specifically selected to be accessible to students of all educational backgrounds; no special technical background is required to understand even the patent concepts. Students who have taken or who intend to focus on patent law could take this course to learn basics of the related intellectual property fields. (3 units)
All aspects of litigation practice from fact collection through motion practice, discovery, trial, and appeal. This practical, skills-oriented course will draw on examples in various areas of technology, utilizing patent, trademark, and copyright law. Approved IP LL.M. course.
This course will involve the negotiation of a licensing agreement transfering certain nanotechnology to a company in Japan. Students will represent a Silicon Valley company with an extensive patent portfolio which they market extensively in the United States. This proposal will be the first step in acquiring a global market. The Japanese company will be represented by a team of law students from Omiya University in Japan, supervised by Professor Larry Repeta, of the Omiya faculty. Actual negotiations will be conducted by teleconference, in four 2- hour sessions. The first two weeks of the course will consist of an accelerated overview of international negotiation techniques, basic Japanese patent law, and an introduction to the legal and business culture of Japan. Pre-requisite: 658 International Licensing Transactions; or 216 International Business Transactions; or 228 Technology Licensing; or 327 Negotiating. Enrollment with approval of professor. Enrollment limited to 10 students. Approved IP LL.M. course.
Legal problems of international commercial transactions; trade and investment. Financing, contracts, shipping, and insurance questions. Problems of Third World development, including expropriation and nationalization. Approved IP LL.M. course.
The course examines domestic and international data privacy from a corporate compliance perspective. The aim of this course is to understand the laws and regulations protecting an individual's right to control his or her personal information and how companies comply with those laws and regulations. This course will begin with a review of the origins of data privacy law from an international as well as American perspective. The course will cover current international, domestic, and sector specific laws and regulations. Throughout the course current trends and compliance challenges will be discussed with examples and hypothetical problems coming from a corporate high-tech perspective. Approved IP LL.M. course.
Focus is on five issues confronting the future: privacy, the world online, crime and terrorism, biotechnologies, and "science fiction" (things that may or may not happen). Approved IP LL.M. course.
Examines legal issues faced by start-up businesses, including selection of the business entity, formation issues, tax issues, and capitalization needs of a start-up. Students may engage in actual "case" studies of start-up businesses, with special emphasis on small businesses. Students also draft documents that start-up businesses may require. Business Organizations (248) is required, Tax is recommended. Approved IP LLM course.
How to manage a complex, high stakes intellectual property case. Students will be instructed on various aspects of complex case management from initial case evaluation through trial. Students will be taught a comprehensive and integrated methodology to case management with a primary emphasis on the management of the litigation team, witnesses, and documents. Also addressed litigation risk assessment; litigation budgeting, project management techniques, and use of technology to maximize both case organization and case presentation. Approved IP LL.M. course.
The incorporation of internet protocol technology into traditional communications technologies is causing the competitive convergence of voice, video and data markets. “Intermodal� competition has begun between telephone and cable television firms (DSL vs. Cable Modem) and is expanding to include fixed wireless, satellite and broadband over electric power lines. This convergence of technology and markets calls into question the continued relevance and utility of separate regulatory paradigms for telecommunications (voice), cable television (video) and computers (information services). Convergence of network functionality and markets is reshaping historic federal and state regulatory and legal distinctions regarding jurisdiction, ownership, access, speech and public policy. This course introduces students to the evolving federal and state regulation of broadband networks. Emphasis is placed on students learning to recognize, understand and anticipate the changing relationships between technology, competition, regulation and law. There are no prerequisites for this course. Approved IP LL.M. course.
Introduces students to the federal regulatory law governing the ownership and operation of broadcast radio and television, cable television, and satellite video technologies. Emphasis is placed on students learning to engage in a comparative analysis of the regulatory schemes for various communications technologies. Students will examine regulations in light of constitutional issues, promoting competition and the goals of the Communications Act and the First Amendment of promoting diversity of voices and viewpoints. The course will also examine some contrasting regulatory approaches in different countries to the regulation of technology and content. There are no prerequisites for this course. Approved IP LL.M. course.
Administration of the patent law system. Appeals from the Board of Appeals to the Court of Appeals for the Federal Circuit or the District Court, reissues, citation of prior art, public use proceedings, re-examination, and interference proceedings under Public Law 98-622. Prerequisite: 233. Patents. Approved IP LL.M. course.
Course blends substantive patent law knowledge with practical application of the law in a litigation context. Designed for students who have taken introductory courses regarding litigation or intellectual property litigation and whose career plans may include a focus on patent procurement and/or enforcement. This course will be of particular interest to those who plan to practice in the areas of patent litigation, patent prosecution, or intellectual property licensing. The course will be conducted as a lecture (with some guest lecturers). Pre or co-requisite: 233. Patents. Approved IP LL.M. course.
This seminar covers practical aspects of foreign and domestic patent prosecution. Topics covered include the creation of a patent application, claim drafting and construction, international patent practice focusing primarily on PCT procedure, corresponding with the U.S. Patent and Trademark Office, and the strategic development of a patent portfolio. A basic understanding of patent law is recommended for this course. Approved IP LL.M. course.
Statutory and common law protection of inventions, intellectual ideas and technological developments. Comparison and analysis of U.S. patent, copyright, and trademark statutory rights, infringement of patent rights and unfair competition regarding rights in technology. Approved IP LL.M. course.
Skills related to pretrial civil litigation. The objectives of the course are to teach students basic skills needed in federal pretrial civil litigation practice, to develop knowledge of applicable pretrial rules, to develop skills in the discovery process, and to develop written and oral advocacy skills using modules relating to prefiling considerations, pleadings, motion practice, discovery, and the pretrial conference. The course will meet for lecture and skills based exercises. During the skills session, students will learn by doing and receive feedback and critique from the instructor and/or practitioners. The course will use one civil, high tech fact pattern over the course of the semester. Students will meet with clients; interview witnesses; draft and respond to discovery; take and defend depositions; and draft, oppose and argue motions. One fact pattern will be used throughout the course so that the emphasis remains on skills development rather than learning additional fact patterns or substantive areas of law. Limited enrollment 100 percent attendance required. Prerequisite: 114 Pleading and Civil Procedure. Pre- or Co-requisite 320. Evidence. Approved IP LL.M. course.
Legal rights and remedies associated with privacy. An exploration of the constitutional, statutory, and common-law doctrines that give individuals control over personal information and decisions. Practical application of these privacy doctrines in judicial, legislative, and administrative contexts to protect and to vindicate individual privacy. Approved IP LL.M. course.
Protecting high technology. Focuses on intellectual property law that controls the ownership of inventions: patent, copyright, trade secret, and contractual arrangements such as employment relationships. Practical steps for protecting inventive work from the time the inventor seeks legal advice. Students simulate a law office setting by preparing legal memoranda, negotiating, engaging in other practical exercises, and learning to understand technology and to work cooperatively with inventive persons. Approved IP LL.M. course.
The recent expansion of international economic activity is being met by an important set of challenges. These range from the volatility and fragility of global financial markets to the crisis of the Asian tigers to the protests and disorder that disrupted the 1999 meetings of the World Trade Organization. A wide-ranging debate about the appropriate norms, rules, laws and institutions required by the new era has broken out in think tanks, legislatures and academia. Issues under discussion include the structure of corporate governance, the impact of new capital markets, and the need to address concerns about human rights, labor standards and environmental protection. Lawyers can, and should, play an important role in this debate. In addition, the outcome of this debate and the possible establishment of a new institutional framework will shape the environment of business and economic activity for the next generation. This course will explore the major institutions that impact on this environment, including the WTO, the International Monetary Fund and the World Bank. We look at cross border securities offerings as well as mergers and acquisitions. Grades will be based largely on the final exam, which is three hours and open book. Students interested in the Spring seminar on Globalization and Rule of Law will find this course a very helpful introduction to the material issues.
There are no pre-requisites for this course. Approved IP LL.M. course.
The legal and strategic business problems of the mature technology company beginning with its initial public offering. Students learn the legal issues involved in representing the public technology company, including corporate governance, selecting the underwriter for the company�s IPO, the IPO due diligence process, company-side and underwriter-side IPO responsibilities; formal and information disclosure issues post-IPO, insider trading, IP strategies for the public company, licensing and pricing strategies, sales and distribution issues, employee and consultant equity compensation, mergers and acquisitions strategies, competitive business practices, accounting issues (revenue recognition, cheap stock), doing business internationally (selected tax, IP, and securities matters), responsibilities of the in-house general counsel; selected litigation exposure issues. Prerequisites: 248. Business Organizations or 258. Securities Regulation. Approved IP LL.M. course.
Analysis of statutory and case law recognizing a right of celebrities and others to control the use of their names and likenesses for commercial purposes. Topics include the scope of the right, identification, infringement, federal preemption and defenses, including First Amendment implications. Approved IP LL.M. course.
Introductory survey of laws regulating competition in technology industries. Antitrust law is the major focus of the course; topics of discussion will include market power, network effects, standard-setting, monopolization, joint ventures and licensing antitrust issues. Recent cases such as those involving Microsoft and Intel will serve as vehicles for discussion. The enforcement attitudes of the Antitrust Agencies will also be reviewed, as reflected in various formal guidelines, such as the 1995 Antitrust Guidelines for the Licensing of Intellectual Property. Related concepts will include the doctrine of intellectual property misuse, state and federal unfair competition laws, and common law causes of action. Approved IP LL.M. course.
The process of technology licensing. Includes topics such as motivations for licensing, types of agreements used in licensing transactions, provisions commonly used in licensing contracts, and special considerations of international licensing. Actual negotiation sessions with scenarios provided and exercises in drafting specific provisions used in technology licensing contracts. Approved IP LL.M. course.
Methods of regulating business competition and practices. Protection afforded trademarks and trade names and the requirements of state and federal registration thereof; protection of ideas and trade secrets; aspects of patent and copyright protection; interference with contractual relationships; disparagement of product and title; and deceptive advertising. Rules and procedures of the Federal Trade Commission. Students enrolled in this course may not also take LAW 535 Trademarks. Approved IP LL.M. course.
The role of venture capital in the organization and development of the start-up technology company, with emphasis on both the legal and business perspective. The first part of the course will provide an overview of the venture capital industry in general and the motivations and financial objectives that shape the typical venture fund in its approach to a start-up investment. The course will then shift in focus to the wide range of business, legal, tax and accounting issues that typically need to be addressed by the venture-backed technology company. These issues will be considered for the entire life cycle of the technology start-up, from the organizational stage through the seed and venture financing rounds, with some discussions in conclusion on the process and issues associated with accessing the public equity markets through an IPO. Consideration will also be given to the related topics, including corporate capitalization structures, customary equity incentive arrangements for employees, and the terms and conditions of a typical venture capital investment. The course will include case studies of technology companies in Silicon Valley to illustrate the legal and business principles discussed. The course will also feature a number of guest speakers to share their experience from a real world perspective, including venture capitalists from Silicon Valley-based venture capital funds, executives from existing venture-backed technology companies, attorneys from local law firms that concentrate in the technology area and others. Prerequisite: 248 Business Organizations. Approved IP LL.M. course.