IP Practice in Fedrl Agencies (LAW-795IA-001)
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This course is designed especially for students who may contemplate a Washington practice involving IP. It surveys how IP agencies are organized and operate, both in how they conform to general principles of administrative law and how they depart from them. It also surveys how IP affects federal agencies whose missions are not principally in IP, both in how those agencies may affect IP policy and practice and how IP principles may affect their operations. While the course's initial focus is on the law governing how the US Patent and Trademark Office and the US International Trade Commission are organized and operate, it includes units specially devoted to the Food and Drug Administration, the Copyright Office and the Copyright Royalty Board, the Federal Trade Commission and the DOJ Antitrust Division, as well as IP in government-sponsored research. The course will also address how the operations and policies of IP agencies are affected by other governmental institutions with overarching responsibilities, including arms of the White House such as the Office of Management and Budget, the US Trade Representative, and the IP Coordinator, as well as Congressional appropriations committees. The course is highly recommended for students who may pursue externships in the Federal Government. This course is taught by James Toupin, the retired general counsel of the US Patent and Trademark Office and former deputy general counsel of the US International Trade Commission. At the USPTO, he oversaw both the patent and trademark boards, as well as the Office of the Solicitor, the Office of Enrollment and Discipline and the Office of General Law. He was a principal representative of the Executive Branch in development of the America Invents Act, especially in developing provisions for inter partes and post grant review. He was on brief on numerous cases in the Supreme Court. At the ITC, he oversaw all litigation defending Commission determinations, including 337 cases in the Court of Appeals for the Federal Circuit. He also was on negotiating teams for the U.S.-Canada Free Trade Agreement, Nafta, and the World Trade Organization agreements, helped draft implementing legislation, and represented the United States in international dispute resolution under the agreements.
Textbooks and Other Materials
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First Class Readings
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