Course Information

Materials

Casebook

Robert Merges et al, Intellectual Property in the New Technological Age (3d ed. 2003).

Statutory Supplement

Selected Statutes on Intellectual Property, West Group (optional).

Students may wish to buy the statutory supplement from the Bookstore, but can probably use online materials, such as those provided by Cornell:

Title 17, United States Code (Copyright): www4.law.cornell.edu/uscode/17/
Title 35, United States Code (Patent): www4.law.cornell.edu/uscode/35/
Title 15, United States Code (Trademark): www4.law.cornell.edu/uscode/15/

Be sure to have printed (or -- even better -- copied onto your computer) the relevant statutory sections for reference during class.

Supplementary Materials

Both the casebook and statutes will be supplemented from time-to-time by supplementary materials, usually available on the class web site and/or the law school distribution center.

Class Notes

If lecture notes for a particular class session are created, they'll be available on the class web site, typically before the class session. Find the link in the box for that class session. I typically make them available in both PowerPoint (.ppt) and Acrobat (.pdf) format.

Audio Files

I expect to record all class sessions and make them available on the class web site. Find the link in the box for that class session.

Class Meetings

The class meets on Tuesday and Thursday 1:30 PM to 2:50 PM in Silverman Hall, Room 240-B.

I expect all class members to attend all classes. I do not formally take attendance, but I notice absences. Repeated absences will negatively impact your class participation score. A seating chart will be used.

Class sessions are typically very interactive. Come to class prepared to talk. Volunteers are appreciated, but I reserve the right to "cold-call" any class member during any class, and will endeavour to call on all of the 'target group' assigned to that day's materials. (No 'passing' allowed.)

Grading

The basic components of the grading plan are as follows:

Final Exam

Details are always subject to change, but I expect this will be primarily multiple choice, but may also have some true / false and perhaps some short answer as well. (Last year's final exam consisted of 54 multiple choice questions given in two hours.) I expect it to be open book and open notes. Note that there is an ongoing discussion/negotiation between myself and the law school administration about the use of laptops during the exam (I want to allow it; school policy generally forbids it without the use of special security software).

You can download a small set of sample exam questions (with answers and explanations) here.

Commentary Post Essays (optional)

Commentary Post Essays (CPs) are relatively short writings on a topic related to the materials assigned for a particular class session, scheduled according to Groups. They are intended to stimulate discussion both in class and on the discussion board. CPs are optional.

Timing
All students will have the opportunity to write two CPs during the term, scheduled according to the Group assignments. Note that CPs are due no later than 12:00 noon on the day before the class your Group is assigned to. (That is, if you are assigned the materials for January 15, then your CP is due by noon on January 14.) No exceptions.

Word Length
The word limit for a CP is 2000 words (about 2 - 2.5 pages). No exceptions, 'wiggle-room,' etc. on this limit; CPs over the word limit will not be graded. No minimum length.

Topic
The topic is your choice, but must be relevant to the materials assigned to your Group. The best CPs will use the class materials as a 'springboard' for additional discussion.

Turning In CPs
To turn in a CP, you do two things. First, post the essay (just create a new post, copy and paste the text into the post box) on the course weblog: choose a suitably interesting and relevant title/subject for your post. Second, send the post by email (copy and paste into an email message) to the instructor (pwagner@law.upenn.edu) with the following subject line: LAW 507: CP for [date of your assignment]. (Please be sure to use the correct subject line, or your message might get tangled up in my spam filters.)

Scoring
Each CP is read and assigned a score of 0-10 points (with 10 being an outstanding score). Factors considered in grading include:

- quality of the contribution to the discussion

- originality of the essay

- clarity and coherence of the writing

Note that I have no interest in "Bluebooking" formalities. Citations should clearly indicate the source material, but don't spend your time agonizing over trivia.

CPs posted/emailed past the deadline (see above) will have their scores reduced by 2 points.

Class Participation

All students receive a participation score. I'm looking for consistently insightful participation, not just rapid observation of the obvious. The best sort of in-class comment is one that adds a different perspective or insight to the discussion. Most of your participation score will come from the two class sessions assigned to your Group. Participation includes (voluntary) activity on the online class discussion board.

Overall Scoring

The specifics of the grading scheme will be on a 'choose your own adventure' basis. Class participation is worth 10% of everyone's grade. Each optional commentary post essay is worth 15%, for a maximum of 30% total. Thus, the weighting of the final exam can range from 90% to 60% of the overall grade.

More specifically, there are three options:

Option 1 (no CPs)
Class participation: 10%
Final exam: 90%

Option 2 (1 CP)
Class participation 10%
Commentary post essay: 15%
Final exam: 75%

Option 3 (2 CPs)
Class participation: 10%
Commentary post essays (2): 30%
Final exam: 60%

You don't have to choose your option until the date your CP is due (scheduled according to Groups). I will make every effort to get scores on CPs back to you within a week of their due date. And no, you can't 'erase' a commentary post score afterwards.

Overall scores will be computed using the weighting above, and will be distributed (curved) generally following the official law school curve.

You might be interested in seeing the grading report for the 2003 class.

Contacting the Instructor

I am always happy to talk about the course – or anything else that you want to discuss; feel free to come by to chat. My formal office hours are Tuesday and Thursday, 3:00 to 4:00 PM. I am often available outside of these times by appointment. My office is Silverman 132.

Reaching me immediately is best accomplished by email (pwagner@law.upenn.edu).
My office phone number is 215.898.4356.