1. How To Find and Read the Law and Live to Tell (and Talk) About It
Steve Baron
January 31, 2008

2. “Laws are like sausages, it is better not to see them being made.”
Otto von Bismarck

3. Today’s Agenda Introduction to How IP Law Is Made
Introduction to Case Analysis

4. How Does IP Law Develop? Federal and State Legislation
e.g. Trademark Act, Copyright Act, Patent Act, Illinois Trade Secrets Act
Federal and State Case Law
e.g. Judge-made law emerging out of judicial opinions (i.e. “common law”)

5. How Does IP Case Law Get Created
Individual parties bring a case to a trial court’s attention
Litigation ensues
A decision or verdict is issued
An appeal takes place
An appellate court issues an opinion
The opinion becomes part of the common law

6. Layers of Federal Courts
United States Supreme Court
United States Circuit Courts of Appeal
United States District Courts

7. How to Find the Law on the Web
Federal Legislation (the stuff from Congress)
Type in title and section
e.g. Copyright = Title 17
e.g. Infringement = Section 501 et. seq.

10. How to Find the Law on the Web
State Law

12. How to Find the Law on the Web
U.S. Supreme Court Opinions

14. How to Find the Law on the Web
Click “Opinions”
Opinions from 2004 to present
Find Eldred v. Ashcroft
537 U.S. 186 (2003)
Click on “Bound Volumes”
Click on Volume 537
Scroll down to page 186

15. How to Read A Case 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

16. How to Read a Case Petitioner
Party seeking appeal in the U.S. Supreme Court
Respondent
Party responding to a petition to the U.S. Supreme Court
Writ of Certiorari
An order of an appellate court granting or denying a petition to appeal

17. How to Read a Case 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

18. How to Read a Case Complaint Cause of Action Motion
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
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.

19. Assignment
Please find and read the majority opinion by Justice Ginsburg the United States Supreme Court’s opinion in Eldred v. Ashcroft

20. Assignment Who are the parties?
How did the case get to the Supreme Court?
What were the questions the court was asked to decide?
How did the majority decide?
What impact will this decision have on copyright law?

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