1 Overview of Legal Process in IP Cases From notes by Steve Baron © Ed Lamoureux/Steve Baron.

Slides:



Advertisements
Similar presentations
Appeal and Postconviction Relief
Advertisements

How to Brief a Case Hawkins v. McGee.
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.
The judicial branch.
Chapter 2 Courts and Jurisdiction
How do you get there? The Supreme Court. Let’s start with a little vocabulary… Writ of certiorari : an order by a higher court directing a lower court.
The Supreme Court at Work
Part I Sources of Corrections Law. Chapter 4 - Going to Court Introduction – Chapter provides information on appearing in court, either as a witness or.
Copyright ©2006 by West Legal Studies in Business A Division of Thomson Learning Chapter 3 The Judicial System Its Legal, Ethical, and Global Environment.
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.
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.
Legal Issues Unit 1 Review. Jurisprudence The study of law and legal philosophy.
Chapter 16.1 Civil Cases. Types of Civil Lawsuits In civil cases the plaintiff – the party bringing the lawsuit – claims to have suffered a loss and usually.
© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION APPEALS.
HOW TO BRIEF A CASE The Structure of Case Briefs.
APS Day 24 Agenda Goal - To understand that the US court system is dual and that the Constitution requires both the national and state governments to approve.
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 Organization and Structure of the Judicial Branch As you read and highlight the excerpt from The Majesty of the Law, Look for the following concepts:
The Judiciary Vocabulary Review. activist approach.
The Judicial Branch: Chapter 10.1 The Role of the Federal Courts.
Briefing Supreme Court Cases. Parties and How to Keep Track of Them: Trial Courts Plaintiffs – Sue defendants in civil court. Government – Prosecutes.
Court System. Sources of Law Statutes: laws passed by state legislatures or Congress – Substantive & legal rights – Procedural rules Louisiana Code of.
Judicial Branch Vocabulary. Inferior Courts Lower federal courts, beneath the Supreme Court.
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 Chapter 5: The Court System. 2 Trial Courts Trial courts listen to testimony, consider evidence, and decide the facts in disputes. There are 2 parties.
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.
Intro to the Appellate Process When a party loses at trial they have the right to appeal the decision. An appeal is always about whether the law was correctly.
The Courts AP US Government. Some Basic Legal Terms Litigant – Someone involved in a lawsuit. This includes both plaintiff (one bringing the charge) and.
THE JUDICIAL BRANCH COURTS, JUDGES, AND THE LAW. MAIN ROLE Conflict Resolution! With every law, comes potential conflict Role of judicial system is to.
The Court System The United States has a federal court system as well as state court systems. Tribal court systems exist to settle disputes on Native.
1 How To Find and Read the Law and Live to Tell (and Talk) About It Steve Baron January 29, 2009.
Overview of Legal Process in IP Cases
JUDICIAL BRANCH Ch. 18.
U.S. Legal System Chapter 1.
The Judicial Branch.
Judicial Branch Interpret the Laws.
The Federal Court System
How To Find and Read the Law and Live to Tell (and Talk) About It
The Federal Court System
Legal Basics.
The Judicial Branch And the Federal Courts.
Overview of Legal Process in IP Cases
Let’s Begin w/ the Basics
Overview of Legal Process in IP Cases
Anatomy of a Lawsuit 1/17/2019.
The American court system
The Role of the Judicial Branch (courts)
Study Guide!.
The Courts AP US Government.
Overview of Legal Process in IP Cases
Overview of Legal Process in IP Cases
Each state has its own judicial system that hears nonfederal cases
Chapter 16.1 Civil Cases.
The Role and Organization of the Courts
Presentation transcript:

1 Overview of Legal Process in IP Cases From notes by Steve Baron © Ed Lamoureux/Steve Baron

2 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 3

4 The Offending Card

5 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. Hallmark challenges the complaint on free speech grounds under the First Amendment. The trial court grants part and denies part of Hallmark’s request The trial court grants part and denies part of Hallmark’s request An appeal takes place to the Ninth Circuit 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 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 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. 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. 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.

6 Facts v. Issues As illustrated in the Hilton case, cases involve legal issues and the facts of the case. For example, the court determined that the 1 st Amendment issue (Hallmark’s use as protected/free speech) did not hold in this instance and did not prevent Hilton from taking the case to trial. If that issue was decided in Hallmark’s favor, there would be no trial. Cases also feature the factual specifics of the incidents. Often, facts are more/most at risk in preliminaries and at trial court; issues are more at risk on appeal (although a trial court CAN decide to not hear the facts of a case because a given legal issue suggests/demands that the case isn’t worthy) This feature can be frustrating to “lay” observers like us as we’d almost always like the courts to decide the merits of a case based on the facts. Courts, on the other hand, very often set the facts aside and decide the case based on “technical” legal issues. Further, the higher one goes, the more lay people want the courts to decide about the facts and the more likely the court is to rule, instead, only on the issues. In Eldred, we wanted the Supreme Court to say that the Copyright Extension Act was the right or wrong thing to do for copyright law; instead, they ruled that the Congress has the right to extend the terms of Copyright law.

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

Federal Appellate Districts 8

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

State Court Appellate Districts, Illinois 10

11 How to Find the Law on the Web  Federal Legislation (the stuff from Congress)  U.S. Supreme Court Opinions  State Law  Citation guide The Bluebook – A Uniform Manual of Citation, 19th Ed

12 Who’s on first? these are civil, not criminal actions  Plaintiff a party who complains or sues in a civil action a party who complains or sues in a civil action  Defendant a party who is being sued by a plaintiff a party who is being sued by a plaintiff  Appellant a party who appeals from a decision by a trial or “lower” court a party who appeals from a decision by a trial or “lower” court  Appellee a party who responds to an appeal by appellant a party who responds to an appeal by appellant

13 Who’s on first?  Amicus Curiae Friend of the Court 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 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 Plural of amicus curiae

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

15 Parts of the Case File  Complaint Initial document filed by plaintiff to start a law suit 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 The theory or theories of legal recovery articulated by plaintiff in the complaint e.g. Copyright infringement, breach of contracte.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. 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.

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

17 Parts of the Case File  Holding Narrow legal answer to the question posed by the case Narrow legal answer to the question posed by the case Holdings of an appellate court are binding on future cases that come before the trial courts below the appellate court. Holdings of an appellate court are binding on future cases that come before the trial courts below the appellate court. Dicta: Additional explanation within the opinion Dicta: Additional explanation within the opinion Not binding on future cases that present the same issueNot 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 18

19 Parts of the Case File: Findings  Cases often present multiple issues. Findings can vary across issues.  Affirmed When an appellate court agrees with the lower court decision When an appellate court agrees with the lower court decision  Reversed When an appellate court disagrees with and overturns the lower court decision When an appellate court disagrees with and overturns the lower court decision  Remanded When an appellate court sends a case (or an aspect of the case) back to the lower court for further proceeding/reconsideration. When an appellate court sends a case (or an aspect of the case) back to the lower court for further proceeding/reconsideration.  Mixed Holding: Separate holdings for different parts

If we have extra time (we’ll finish over the next week) 