1 Working the IP Case Steve Baron Sept. 3, 2009

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  Image connected to the case goes here. One for each side if possible 3

4 Anatomy of a Case  Specify a media ip case that came to you (digital if possible).  Briefly, sides and issues  A decision or verdict is issued  An appeal takes place  An appellate court issues an opinion  The appellate opinion becomes part of the common law (underscore the legal issue here)

5 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  District map please 6

Layers of State Courts  Matching slide 6 please, use IL 7

State Court Districts, IL  Is there a matching map to slide 7? 8

9 How to Find the Law on the Web  Federal Legislation (the stuff from Congress)  U.S. Supreme Court Opinions  State Law

10 Parts of the Case File  Complaint Initial document filed by plaintiff to start law suit Initial document filed by plaintiff to start 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.

11 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

12 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 Binding on future cases that present the same issue Binding on future cases that present the same issue  Dicta Additional explanation within the opinion Additional explanation within the opinion Not binding on future cases that present the same issue 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 13

14 Parts of the Case File  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 back to the lower court for further proceeding When an appellate court sends a case back to the lower court for further proceeding  Mixed Holding: Separate holdings for different parts

15 Who’s on first? (Eldred)  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

16 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

17 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

18 “The purpose of law is to prevent the strong always having their way.” Ovid