Overview of Legal Process in IP Cases

Slides:



Advertisements
Similar presentations
How to Brief a Case Hawkins v. McGee.
Advertisements

An Introductory Session
The Process of Litigation. What is the first stage in a civil lawsuit ?  Service of Process (the summons)
Courts and Alternative Dispute Resolution
American Government and Politics Today
The Court System.  Judge: decide all legal issues in a lawsuit. If no jury, the judge’s job also includes determining the facts of the case.  Plaintiff.
Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 2 The Court System and Dispute Resolution Twomey Jennings Anderson’s.
1 How To Find and Read the Law and Live to Tell (and Talk) About It Steve Baron January 25, 2006.
Chapter 2 Courts and Jurisdiction
Part I Sources of Corrections Law. Chapter 4 - Going to Court Introduction – Chapter provides information on appearing in court, either as a witness or.
Diversity of citizenship action: A civil lawsuit in which the parties are residents of two or more different states. Can be heard by a federal court even.
LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible.
Mr. Valanzano Business Law. Dispute Resolution Litigate – ________________________________________________ In some cases, people decided too quickly to.
THE COURT SYSTEM & DISPUTE RESOLUTION Used by permission. For Educational purposes only.
4-1 Chapter 4— Litigation REED SHEDD PAGNATTARO MOREHEAD F I F T E E N T H E D I T I O N McGraw-Hill/Irwin Copyright © 2010 by The McGraw-Hill Companies,
Court Procedures Chapter 3.
Legal Document Preparation Class 14Slide 1 Parties to an Appeal The appellate court is the court to which a case can be appealed to. Examples are circuit.
The American Court System Chapter 3. Why Study Law And Court System? Manager Needs Understanding Managers Involved In Court Cases As Party As Witness.
1 Overview of Legal Process in IP Cases From notes by Steve Baron © Ed Lamoureux/Steve Baron.
HOW TO BRIEF A CASE The Structure of Case Briefs.
LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4 Slide 1 The Court System Dispute Resolution and the Courts Federal.
1 Working the IP Case Steve Baron Sept. 3, Today’s Agenda  Anatomy of an IP case  The Courts and the Law  Links to finding cases  Parts of.
Amicus curiae: ("friend of the court"). Person or organization that files a legal brief with the court expressing its views on a case involving other parties.
© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 2 The.
The Judiciary Vocabulary Review. activist approach.
The Judicial Branch: Chapter 10.1 The Role of the Federal Courts.
Court System. Sources of Law Statutes: laws passed by state legislatures or Congress – Substantive & legal rights – Procedural rules Louisiana Code of.
THE JUDICIAL BRANCH Today’s Objective: C-3 To gather information on the structure of the judicial branch and the ideological tendencies of the Supreme.
1 Overview of Legal Process in IP Cases From notes by Steve Baron © Ed Lamoureux/Steve Baron.
Judicial Branch – Jurisdiction of the Supreme Court Unit IV – Part 2.
American Government and Politics Today Chapter 15 The Courts.
The Courts AP US Government. Some Basic Legal Terms Litigant – Someone involved in a lawsuit. This includes both plaintiff (one bringing the charge) and.
1 How To Find and Read the Law and Live to Tell (and Talk) About It Steve Baron January 29, 2009.
Government Lehr March/April 2016 An Overview of the U.S. Courts.
Unit 5 Review Challenge The Judicial Branch Chapter 18.
Overview of Legal Process in IP Cases
JUDICIAL BRANCH Ch. 18.
U.S. Legal System Chapter 1.
Unit B Customized by Professor Ludlum Nov. 30, 2016.
The Judicial Branch.
Judicial Branch Interpret the Laws.
Court System.
Standard of Review & “Facts” on Appeal
The Federal Court System
The Courts and the Constitution
How To Find and Read the Law and Live to Tell (and Talk) About It
American Government and Politics Today
The Federal Court System
Legal Basics.
Chapter 3 The American Judicial System, Jurisdiction, and Venue
The Federal Court System Chapter 11
The Judicial Branch And the Federal Courts.
Overview of Legal Process in IP Cases
Let’s Begin w/ the Basics
The Court System Street Law.
Overview of Legal Process in IP Cases
Anatomy of a Lawsuit 1/17/2019.
The American court system
Judicial Branch.
Welcome! Today is Thursday, March 29, 2018
The Role of the Judicial Branch (courts)
Study Guide!.
The Courts AP US Government.
ARENA LAND & INV. CO., INC. v. PETTY 69 F.3d 547 (10th Cir. 1995)
Chapter 3 Judicial, Alternative, and E-Dispute Resolution
Overview of Legal Process in IP Cases
Advanced Legal Analysis and Writing Class 1
Unit 3B – The Executive & Judicial Branches Day 6: Structure of Judiciary & Jurisdiction WARM UP: What experiences (if any) have you or your family had.
Jeopardy COURT LINGO MISC Q $100 Q $100 Q $100 Q $100 Q $100 Q $200
Presentation transcript:

Overview of Legal Process in IP Cases From notes by Steve Baron

Today’s Agenda Anatomy of an IP case The Courts and the Law Links to finding cases Parts of the case file Who’s on first?

Anatomy of a Case Hilton v. Hallmark Card Owner of IP Infringer of IP

The Offending Card 4 4

Anatomy of a Case Hilton sues (2008) Hallmark for the use of her image and trademarked slogan, “That’s Hot” Hallmark challenges the complaint on free speech grounds under the First Amendment. The trial court grants part and denies part of Hallmark’s request An appeal takes place to the Ninth Circuit The appellate court agrees with the part of the ruling that enables Hilton to sue Hallmark for trademark infringement. The appellate opinion becomes part of the common law and is binding not only on the parties but on all other litigants who face similar issues. The case goes to trial (on the facts rather than the issues) in Dec. 0f 2010, but the parties settle two days later. So the reasoning and outcomes on the issues (issued by the appellate court) becomes common/case law/precedent, even though the case is never decided in a court of law. 5 5

Layers of Federal Courts United States Supreme Court Citation e.g. Jones v. Smith, 250 U.S. 345 (1982) United States Circuit Courts of Appeal Citation e.g. Jones v. Smith, 327 F.3d 215 (7th Cir. 1999) United States District Courts Citation e.g. Jones v. Smith, 415 F. Supp. 1123 (N.D. Ill. 2001)

Federal Appellate Districts

Layers of State Courts (Illinois) Illinois Supreme Court Illinois Appellate Court Illinois Circuit Court 8 8

State Court Appellate Districts, Illinois

How to Find the Law on the Web Federal Legislation (the stuff from Congress) http://www4.law.cornell.edu/uscode/ U.S. Supreme Court Opinions http://www.supremecourtus.gov/ State Law http://www4.law.cornell.edu/states/listing.html Citation guide http://www.law.cornell.edu/citation/ Reference only. We will NOT step through these

Who’s on first? Plaintiff a party who complains or sues in a civil action Defendant a party who is being sued by a plaintiff Appellant a party who appeals from a decision by a trial or “lower” court Appellee a party who responds to an appeal by appellant Fill this in with specifics from Eldred 11 11

Who’s on first? Amicus Curiae Amici Friend of the Court Non-parties who petition the court for permission to file legal briefs on behalf of their respective constituencies because the issues involved may have broad impact on them Amici Plural of amicus curiae 12 12

Who’s on first? Petitioner Party seeking appeal in the U.S. Supreme Court Respondent Party responding to a petition to the U.S. Supreme Court 13 13

Parts of the Case File Complaint Cause of Action Motion Initial document filed by plaintiff to start a law suit Cause of Action The theory or theories of legal recovery articulated by plaintiff in the complaint e.g. Copyright infringement, breach of contract Motion An application to a court or judge for purpose of obtaining a rule or order directing some act to be done in favor of applicant.

Parts of the Case File Motion to Dismiss Motion for Summary Judgment Filed by a defendant early in a case to challenge the legal theories. Assumes all facts alleged are true but says that no legal claim exists Motion for Summary Judgment Filed by either plaintiff or defendant No genuine issue of material fact is in dispute Court can decide the issues without need for a trial

Parts of the Case File Holding Dicta Narrow legal answer to the question posed by the case Binding on future cases that present the same issue Dicta Additional explanation within the opinion Not binding on future cases that present the same issue

Writ of Certiorari An order of an appellate court granting or denying a petition to appeal

Parts of the Case File Affirmed When an appellate court agrees with the lower court decision Reversed When an appellate court disagrees with and overturns the lower court decision Remanded When an appellate court sends a case back to the lower court for further proceeding Mixed Holding: Separate holdings for different parts

If we have extra time http://ripremix.com/ http://www.goodcopybadcopy.net/