Chart of Assignments
Updated as of: November 25, 2020
Where and When:
Thursdays & Fridays 1:00 - 2:15 p.m., via Zoom
For Zoom logon information, check for an announcement on the class Canvas site or look for an e-mail dated August 24, 2020 with the subject line "Intellectual Property: Zoom logon information".
Day by Day:
Week No 1
THURSDAY August 27 No 1
0. About the Course
1. The Basic Framework and Initial Questions
McJohn: Chapter 1
2. Blackletter Overview
FRIDAY August 28 No 2
0. About the Course (continued)
Read the Syllabus (This is now posted -- you really just need to read it by next week -- and before you make a final decision about adding or dropping the course.)
2. Blackletter Overview, continued
Week No 2
THURSDAY September 3 No 3
2. Blackletter Overview, continued
FRIDAY September 4 No 4
3-1: Copyright – Included Subject Matter
McJohn: Chapter 2 (all)
Week No 3
THURSDAY September 10 No 5
3-1: Copyright – Included Subject Matter (continued)
Field: Feist Publns. v. Rural Telephone Service Co. (5.32)
FRIDAY September 11 No 6
3-2: Copyright – Excluded Subject Matter
McJohn: Chapter 3 (all)
Field: Morrissey v. Procter & Gamble Co. (5.8)
Week No 4
THURSDAY September 17 No 7
3-2: Copyright – Excluded Subject Matter (continued)
Re-review: Field: Morrissey v. Procter & Gamble Co. (5.8)
Field: Lotus Development Corp. v. Borland Int’l (5.10)
FRIDAY September 18 No 8
3-3: Copyright – Ownership, Formalities, Licensing, Duration
McJohn: Chapter 4 (all)
Week No 5
THURSDAY September 24 No 9
3-3: Copyright – Ownership, Formalities, Licensing, Duration (continued)
Skim / re-review McJohn, Chapter 4.
Field: Community for Creative Non-Violence v. Reid (6.5)
FRIDAY September 25 No 10
3-3: Copyright – Ownership, Formalities, Licensing, Duration (continued)
Week No 6
THURSDAY October 1 No 11
3-4: Copyright – Infringement Analysis, Exclusive Rights
McJohn: Chapter 5, pp 169-186, 191-205
Field: ABKCO Music v. Harrisongs Music, Ltd. (6.15)
FRIDAY October 2 No 12
3-5: Copyright – Fair Use, First Sale, and Other Limitations
McJohn: Chapter 5, pp 205-242
Week No 7
THURSDAY October 8 No 13
3-5: Copyright – Fair Use, First Sale, and Other Limitations (continued)
No new reading; we may do a few additional realotheticals in class.
3-6: Copyright – Remedies and Standing
McJohn: Chapter 5, pp 242-246
3-7: Copyright – Music
McJohn: Chapter 5, pp 182-184, 232-233 (re-review)
4: Moral Rights
McJohn: Chapter 5, pp 186-191
FRIDAY October 9 No 14
5-0: Utility Patents – Orientation
No reading.
5-1: Utility Patents – Subject Matter
McJohn: Chapter 6 (all)
Week No 8
THURSDAY October 15 No 15
5-0: Utility Patents – Orientation (continued)
Do the remainder (meaning the portions we didn't complete in class on Friday, October 9) of the Patent - Tour of a Patent Exercise (handout) [pdf], based on U.S. Patent 6,267,346 [pdf]. You are welcome to do this as a group activity with classmates.
5-1: Utility Patents – Subject Matter
No new reading; considering skimming to re-review McJohn: Chapter 6 (all)
FRIDAY October 16 No 16
5-2: Utility Patents – Novelty
McJohn: Chapter 7, pp 281-303 (portion re novelty)
Week No 9
THURSDAY October 22 No 17
5-3: Utility Patents – Utility
McJohn: Chapter 7, pp 303-307 (portion re utility)
5-4: Utility Patents – Nonobviousness
McJohn: Chapter 7, pp 308-319 (portion re nonobviousness)
Field: KSR Int’l Co. v. Teleflex Inc. (3.35)
FRIDAY October 23 No 18
5-5: Utility Patents – Enablement, Prosecution, Ownership and Licensing
McJohn: Chapter 8 (all)
Week No 10
THURSDAY October 29 No 19
5-5: Utility Patents – Enablement, Prosecution, Ownership and Licensing (continued)
No new reading.
NOTE: Because the icestorm has left some students without power or internet access, the previously scheduled discussion on how to study for and succeed on the exam is postponed until next week.
FRIDAY October 30 No 20
5-6: Utility Patents – Infringement and Defenses
McJohn: Chapter 9 (all)
6: Utility Patents and Regulatory Exclusivities in Pharmaceuticals
No reading for this topic.
Week No 11
THURSDAY November 5 No 21
6: Utility Patents and Regulatory Exclusivities in Pharmaceuticals (continued)
No reading for this topic.
Special Topic: How to Study for and Succeed on the Exam
Note: The above document was updated on October 25, 2020. If you looked at it previously, before it was updated, make sure to download and read the new version.
FRIDAY November 6 No 22
7: Design Patents
Sarah Burstein, Costly Designs, 77 Ohio St. L.J. 107 (2016): read Parts I, II, III, IV, VI, & VII, i.e., pp. 107-132 & 154-157 (in other words, skip Part V on pp. 133-154)
Note: You should download the article from SSRN rather than Westlaw, because you'll want to see the pictures.
Note: You should download the article from SSRN rather than Westlaw, because you'll want to see the pictures.
8: Sui Generis Rights
No reading for this topic; lecture only.
Week No 12
THURSDAY November 12 No 23
8: Sui Generis Rights (continued)
No reading for this topic; lecture only.
9-1: Trade Secret – Subject Matter
McJohn: Chapter 14 (all)
9-2: Trade Secret – Getting and Losing Protection
No reading for this topic; lecture only. (We are skipping McJohn Chapter 15; I will summarize in class.)
FRIDAY November 13 No 24
9-3: Trade Secret – Misappropriation and Remedies
No reading for this topic; lecture only. (We are skipping McJohn Chapter 16; I will summarize in class.)
10-1: Trademark – Subject Matter
McJohn: Chapter 10 (all)
10-2: Trademark – Substantive Standards for Protection
McJohn: Chapter 11 (all)
Week No 13
THURSDAY November 19 No 25
10-2: Trademark – Substantive Standards for Protection (continued)
Field: Wal-Mart Stores, Inc. v. Samara Brothers, Inc. (4.24)
10-3: Trademark – Obtaining Protection and Licensing
McJohn: Chapter 12 (all)
Field: Burger King of Florida, Inc. v. Hoots (10.27)
FRIDAY November 20 No 26
10-4: Trademark – Infringement and Related Rights
McJohn: Chapter 13 (all)
Thanksgiving Break
THURSDAY Nov 26
Thanksgiving Day - no class
FRIDAY Nov 27
Black Friday - no class
Week No 14
THRENDESDAY (Wednesday treated as a Thursday on the COL calendar) Dec 2 No 27
11: Right of Publicity
McJohn: Chapter 17, pp 587-592 (portion re right of publicity)
12: International IP
No reading for this topic; we will cover a few highlights in a slideshow.
13: Claims Regarding Pitches and Idea Submissions
No reading for this topic; we will cover a few highlights in a slideshow.
14: Hot News Misappropriation
McJohn: Chapter 17, pp 585-587 (portion re "misappropriation")
FRURSDAY (Thursday treated as a Friday on the COL calendar) Dec 3 No 28
16: Review: Applications, Problems, Analysis
Please read the old essay exam Weather Wars [pdf], so we can discuss it in class. And if you have the time, I recommend that you try your hand at preparing an answer as practice (but note doing so isn't official "homework" and you won't be asked to turn it in).
Read the Exam Prospectus [pdf] if you haven't already.
Review your notes and materials as appropriate.
As for how we spend the rest of our review time, beyond talking about Weather Wars, I'll continue to take suggestions.
Topic by Topic:
Note: Future readings and topics are subject to change.
Changes are particularly likely for cases and readings outside the McJohn book and for topics toward the end of the course.
Changes are particularly likely for cases and readings outside the McJohn book and for topics toward the end of the course.
I. Preliminaries
0. About the Course
Read the Syllabus (This will be posted by 8/28, and just has to be read by next week -- and before you make a final decision about adding or dropping the course.)
1. The Basic Framework and Initial Questions
McJohn: Chapter 1
2. Blackletter Overview
II. Expression
3-1: Copyright – Included Subject Matter
McJohn: Chapter 2 (all)
Field: Feist Publns. v. Rural Telephone Service Co. (5.32)
3-2: Copyright – Excluded Subject Matter
McJohn: Chapter 3 (all)
Field: Morrissey v. Procter & Gamble Co. (5.8)
Field: Lotus Development Corp. v. Borland Int’l (5.10)
3-3: Copyright – Ownership, Formalities, Licensing, Duration
McJohn: Chapter 4 (all)
Field: Community for Creative Non-Violence v. Reid (6.5)
3-4: Copyright – Infringement Analysis, Exclusive Rights
McJohn: Chapter 5, pp 169-186, 191-205
Field: ABKCO Music v. Harrisongs Music, Ltd. (6.15)
3-5: Copyright – Fair Use, First Sale, and Other Limitations
McJohn: Chapter 5, pp 205-242
3-6: Copyright – Remedies and Standing
McJohn: Chapter 5, pp 242-246
3-7: Copyright – Music
McJohn: Chapter 5, pp 182-184, 232-233 (re-review)
4: Moral Rights
McJohn: Chapter 5, pp 186-191
III. Invention and Industry
5-0: Utility Patents – Orientation
No reading.
5-1: Utility Patents – Subject Matter
McJohn: Chapter 6 (all)
5-2: Utility Patents – Novelty
McJohn: Chapter 7, pp 281-303 (portion re novelty)
5-3: Utility Patents – Utility
McJohn: Chapter 7, pp 303-307 (portion re utility)
5-4: Utility Patents – Nonobviousness
McJohn: Chapter 7, pp 308-319 (portion re nonobviousness)
Field: KSR Int’l Co. v. Teleflex Inc. (3.35)
5-5: Utility Patents – Enablement, Prosecution, Ownership and Licensing
McJohn: Chapter 8 (all)
5-6: Utility Patents – Infringement and Defenses
McJohn: Chapter 9 (all)
6: Utility Patents and Regulatory Exclusivities in Pharmaceuticals
No reading.
7: Design Patents
Sarah Burstein, Costly Designs, 77 Ohio St. L.J. 107 (2016): read Parts I, II, III, IV, VI, & VII, i.e., pp. 107-132 & 154-157 (in other words, skip Part V on pp. 133-154)
Note: You should download the article from SSRN rather than Westlaw, because you'll want to see the pictures.
Note: You should download the article from SSRN rather than Westlaw, because you'll want to see the pictures.
8: Sui Generis Rights
No reading for this topic; lecture only.
9-1: Trade Secret – Subject Matter
McJohn: Chapter 14 (all)
9-2: Trade Secret – Getting and Losing Protection
No reading for this topic; lecture only. (We are skipping McJohn Chapter 15; I will summarize in class.)
9-3: Trade Secret – Misappropriation and Remedies
No reading for this topic; lecture only. (We are skipping McJohn Chapter 16; I will summarize in class.)
IV. Identity and Origin
10-1: Trademark – Subject Matter
McJohn: Chapter 10 (all)
10-2: Trademark – Substantive Standards for Protection
McJohn: Chapter 11 (all)
Field: Wal-Mart Stores, Inc. v. Samara Brothers, Inc. (4.24)
10-3: Trademark – Obtaining Protection and Licensing
McJohn: Chapter 12 (all)
Field: Burger King of Florida, Inc. v. Hoots (10.27)
10-4: Trademark – Infringement and Related Rights
McJohn: Chapter 13 (all)
11: Right of Publicity
McJohn: Chapter 17, pp 587-592 (portion re right of publicity)
V. Miscellany & Marginalia
12: International IP
No reading for this topic; we will cover a few highlights in a slideshow.
13: Claims Regarding Pitches and Idea Submissions
No reading for this topic; we will cover a few highlights in a slideshow.
15: Federal Preemption
We will not be covering this during this semester.
14: Hot News Misappropriation
McJohn: Chapter 17, pp 585-587 (portion re "misappropriation")
16: Review: Applications, Problems, Analysis
Review your notes and materials as appropriate.