Cardozo School of Law Patent Law Summer Intensive

This week-long course is designed for both new and experienced practitioners and brings together leading experts from the bar, bench, industry, government, and academia to discuss the most pressing patent law issues of the day.

The Summer Intensive is structured along two tracks.  The first is a rigorous introduction to patent law taught by Cardozo faculty.  This course is designed for practicing lawyers who are new to patent law – for example, litigators confronting a transition to patent litigation, or business lawyers who desire a deeper understanding of patent law to help in negotiating and structuring intellectual property transactions.  It covers the basics of patentability, infringement, and remedies.  The second track will feature high quality CLE seminars on cutting edge topics of importance to the patent bench and bar.


Cardozo Patent Law Summer Intensive at a Glance:

  • 2014 Dates: July 14-July 18, 2014
  • Program Audience: Practicing attorneys and law students from the U.S. and abroad who wish to get grounding in the most compelling issues in U.S. patent law
  • Cost: $75 Application Fee
 / See below under "Program Fees and Payment" for details
  • Credit:
    Current J.D. and LL.M. students will receive one credit on a pass/fail basis for each of the morning and afternoon credits, for two credits total.  Cardozo students who have completed Patent Law are not eligible for credit for the morning session, but can earn one credit for the afternoon session. Credit for each section will be based on a take-home examination.
    CLE credit information to follow:
  • Further information: Contact nysummer@yu.edu

Patent Law Summer Intensive Content

This course provides a rigorous introduction to the basic principles of United States patent law and their application to contemporary problems of practice and policy.  The course will cover the basic principles of patent validity, infringement, and remedies.  It will cover patentable subject matter, disclosure, novelty, nonobviousness, claim construction, direct and indirect infringement, and the availability of damages or injunctive relief.  The Critical Issues panels will engage students in dialogue with patent practitioners on hot topics in practice including the patentability of software, patent reform efforts in the courts and Congress, the emergence of new patent business models, and ethical issues in patent litigation.  Lunch will be provided daily and will include a keynote speaker from the bar, bench, or industry.Students may enroll in either or both of the morning and afternoon components of the course.

Tentative schedule (in development):

9 am - noon

Patentable Subject Matter
Some of the most significant patent controversies in recent years have involved the basic question: What is patentable?  Is software patentable?  Genes?  This first lesson addresses the threshold question of subject matter eligibility through a detailed study of the Supreme Court’s latest decisions in the area.

Professor Mike Burstein

Lunch and Keynote Speaker

TBA

 

 

1 – 4 pm

CLS Bank and its aftermath – implications for software patents and more 

This panel will consider the Supreme Court’s decision in Alice Corp. v. CLS Bank on the patentability of software.  A panel of experts will discuss what the decision means for patentable subject matter doctrine and how clients should adapt to the new legal environment.

Panelists (in formation):

Dan Ravicher, Public Patent Foundation

 

Tuesday, July 15

9 am - noon

Disclosure and Novelty (I)
This morning will begin with an examination of the disclosure requirements – what information an inventor must share with the world in order to receive a grant of exclusive rights.  We will then move on to the fundamental requirement that a patent claim something new.  We will cover both the traditional novelty provisions and the changes enacted in the America Invents Act.

Professor Mike Burstein

Lunch and Keynote Speaker

TBA

 

 

1 – 4 pm

Navigating the AIA – what you need to know about patentability and patentability challenges

This panel will discuss (a) some of the significant interpretive challenges that are beginning to emerge as the PTO grapples with the meaning of the newly enacted first-to-file provisions; and (b) how to navigate the AIA’s new system of post-grant challenges, including their prosecution in the PTO and their preclusive effects in subsequent litigation.

Panelists (in formation):

 

 

Wednesday, July 16

9 am - noon

Novelty (II) and nonobviousness

We conclude our discussion of novelty and then examine the requirement that a patent claim something that would not have been obvious to others working in the field; that is, that it takes an “inventive step.”

Professor Mike Burstein

Lunch and Keynote Speaker

TBA

 

 

1 – 4 pm

Emerging patent business models

This panel will consider how changes in licensing markets and the “financialization” of the patent system affect patent business models from established companies through startups.

Panelists (in formation):

 

 

 

Thursday, July 17

9 am - noon

Infringement (claim construction, literal infringement, doctrine of equivalents)

Having determined what is required to obtain a patent, this part of the course explores what a patent holder can do with her right.  We begin with claim construction, the process of interpreting the scope of patents, and then discuss infringement – literally and by equivalents, and direct and indirect.  We will briefly consider defenses to infringement.

Professor Mike Burstein

Lunch and Keynote Speaker

TBA

 

 

1 – 4 pm

Sifting through patent reform and what it means for your clients

There are no fewer than 10 separate bills currently moving through Congress that would enact various changes to the patent system.  These changes range from fee shifting to changes in venue and discovery rules.  This panel will consider the current state of play on Capitol Hill and what it means for patent practitioners and their clients.

Panelists (in formation):

 

 

Friday, July 18

9 am - noon

Remedies

Here we examine the remedies availability to patent holders who have pursued successful infringement claims.  These remedies include injunctions and damages, and this segment will provide an overview of when these remedies are available and how modulating the scope of remedies impacts patent policy.

Professor Mike Burstein

Lunch and Keynote Speaker

TBA

 

 

1 – 4 pm

Ethical issues in patent litigation. 
This panel, approved for NY CLE credit in ethics, will consider the emerging ethical issues in patent litigation and practice before the PTO.

Panelists (in formation):

 

 

 

Faculty, Keynote Speakers, and Panelists

FACULTY

Program Director Professor Michael Burstein's research focuses on the institutional structures - both private and public - that shape innovation. He is interested primarily in the intersections between intellectual property and both corporate law and public law. Professor Burstein has previously written about the administrative structure of the U.S. Patent and Trademark Office, and is currently working on projects to clarify the law of patent standing and to develop insights into how private and public sector actors can make effective use of prizes for innovation.

Professor Daniel Ravicher serves as executive director of the Public Patent Foundation (PUBPAT) at Cardozo Law, where he works to protect freedom in the patent system. His case against Myriad Genetics will be heard by the Supreme Court in April 2013. The suit charges that patents on two human genes associated with breast and ovarian cancer are unconstitutional. Labeled a modern day 'Robin Hood' by Science magazine, and awarded an Echoing Green Fellowship for social entrepreneurship, Professor Ravicher is a registered patent attorney who writes and speaks frequently on patent law and policy, including twice testifying as an invited witness before Congress on the topic of patent reform. As a result of his accomplishments and professional reputation, Professor Ravicher was named to both Managing Intellectual Property magazine's '50 Most Influential People in IP' list and IP Law & Business magazine's 'Top 50 Under 45' list.

 

KEYNOTE SPEAKERS

PANELISTS

To be announced.

Accommodation

Cardozo does not offer accommodation for this program.  Recommended hotels in walking distance of Cardozo are available hereA list of more hotels, in a range of prices, is available from the New York Convention and Visitors Bureau.

How to Apply

  1. Current Cardozo students: Cardozo students should register in person at the Registrar’s Office on the 10th floor no later than 5 pm on June 3.  
  2. All others: Complete the online application and submit the non-refundable application fee of $75 online at our secure payment site. Please contact nysummer@yu.edu with any questions or problems.

Applications will be accepted on a first-come, first-served basis. Because enrollment is limited, we encourage you to apply as soon as possible.

Program Fees and Payment

A non-refundable application fee of $75 must be submitted with the application for all participants not currently enrolled in a Cardozo J.D. or LL.M. Program. 

In addition, program fees are as follows:

Student Type Program Fee
Full Program (Morning and Afternoon)  
Cardozo Law J.D. or LL.M. student $1100
Currently-enrolled J.D. or LL.M. student from other law schools $2500
Cardozo Law Alumna or Alumnus $3000
Other Professional $3500
 
Morning or Afternoon Session Only  
Cardozo Law J.D. or LL.M. student $550
Currently-enrolled J.D. or LL.M. student from other law schools $1250
Cardozo Law Alum $1800
Other Professional $2200
   


Payment

Current law students seeking academic credit will be billed by the Cardozo School of Law Office of Student Finance. Payment will be due no later than June 16, 2014.

Participants who are not seeking academic credit and/or who are seeking CLE credit have several ways to pay fees:

  • Online payment by credit card through our secure site on or after April 15, 2014
  • Personal check drawn on a U.S. bank or money order, including international money orders, sent to Patent Law Summer Intensive, Cardozo School of Law, 55 Fifth Avenue Room 1007, New York, NY 10003
  • Direct transfer or wiring of funds to Yeshiva University's account at:

JP Morgan Chase
1166 Avenue of the Americas
New York, NY 10036‐2708
ABA/Routing # 021000021
Acct Name Chem 4
Acct # 114‐003327
Swift Code CHASUS33

Please make sure that your name and the words "Patent Summer Intensive" appear on the wire. Please review the wiring procedures with your bank and be sure to add any fees incurred onto your total to ensure the full balance is credited to the university account.