INTELLECTUAL PROPERTY: SPRING 2026 ASSIGNMENTS
Intellectual Property, Spring 2026
Professor Ira Steven Nathenson
Stetson University College of Law
| Email: | inathenson@law.stetson.edu |
| Phone: | (727) 562-7681 |
| Homepage: | https://www.nathenson.org/ |
| Course website: | https://nathenson.org/courses/ip |
| Syllabus: | https://www.nathenson.org/courses/ip/syllabus |
| Class time: | Mon. & Wed., 6:15 pm-7:40 pm, online (zoom). The Zoom link will be sent via email to registered students several days prior to the first class. If you are a late enrollee to the course, please email me to obtain the link. |
| Office hours: | Normally any time after class, and by request or appointment. All office hours will be online (via Zoom or MS Teams). |
ABOUT INTELLECTUAL PROPERTY
A survey course covering the basics of domestic copyright, patent, trademark and unfair competition law. Coverage includes common law, state and federal protections, and discussion of comparative externalities related to application, scope of enforcement and interplay between the subject areas.
REQUIRED BOOKS
- Lydia Pallas Loren & Joseph Scott Miller, Intellectual Property Law: Cases & Materials (Ver. 8.0, 2023). The casebook by Loren and Miller (Semaphore Press, most recent edition), is available for $30 at this link (electronic), or for $74 on Amazon at this link (print). If you cannot afford to purchase it, you can get a freeride copy of the electronic casebook (bottom of purchase page for the electronic book). You are not required to have a printed casebook, so I urge you to obtain the copy that you believe will work best for you.
- The 2025 supplement to the casebook can be found here.
- Nathenson.org course website: Site at https://nathenson.org/courses/ip/. This website is your source for assignments, project information, and other materials.
- I’ll provide access to statutes and other materials for free online.
FURTHER INFO and COURSE REQUIREMENTS MAY BE FOUND ON THE SYLLABUS PAGE.
WEEK 1
Mon., Jan. 19 (no class): MLK Day
- MLK Day, no class
Wed., Jan. 21 (class 1): What is IP? Why is IP?
- Casebook pp. 1-28
WEEK 2
Mon., Jan. 26 (class 2): What is a patent?
- Casebook pp. 129-152. Be sure to read OXO patent carefully.
- Do this (note that the OXO patent can be found in either the casebook or via the link provided).
- Section 101 of Patent Act, 35 U.S.C. § 101
Wed., Jan. 28 (class 3): Patents (claim construction, written disclosure)
- Casebook pp. 152-170
- Section 112 of Patent Act, 35 U.S.C. § 112
- Look up patents in cases
WEEK 3
Mon., Feb. 2 (class 4): Patents (subject matter, exclusions)
- We’ll pick up with the Nautilus and Pacing Tech cases, both of which are important, the former to illustrate the tensions between a generalist SCOTUS and an exceptionalist CAFED; the latter as an illustration of how the parts of a claim (prefatory clause, transition, and body) work together and may impact claim construction. We will then shift into subject matter. Note that although some limitations on subject matter are statutory, the major ones addressed today are all judge-made.
- Casebook pp. 170-195
- Sections 100, 101 of Patent Act, 35 U.S.C. §§ 100, 101
Wed., Feb. 4 (class 5): Patents (utility, introduction to novelty)
- Casebook pp. 195-219
- Section 101 of Patent Act, 35 U.S.C. § 101
- Section 102 of the Patent Act (both pre-AIA and current under AIA)
WEEK 4
Mon., Feb. 9 (class 6): Patents (novelty, prior art)
- Take a deeper dive into section 102 (old and new) as previously assigned.
- I would also like to discuss at least some of the problems in the casebook.
- Casebook pp. 219-237
Wed, Feb. 11 (class 7): Patents (nonobviousness)
- Casebook pp. 237-265
- Section 103 of the Patent Act (both pre-AIA and current under AIA)
- Professor Nathenson’s suggested order of Graham nonobviousness analysis
WEEK 5
Mon., Feb. 16 (class 8): Patents (non obviousness cont’d)
- Reread and do table below. We will continue our discussion of obviousness and the materials from last Wednesday. Please reread materials carefully. Below is a table you should use to see how the Engelau patent, claim 4, is a combination of features found in a number of other prior art references. Use the case to determine which features can be found in each of the references. Be prepared to discuss.
- Look up patents. You will also find it useful to look up Engelgau and some of the key prior art references. I’m not assigning these patents in full, but you would be very wise to scrutinize relevant portions of the documents (particularly the drawings, specification where the drawings are explained, and the claims). This will give you important context, and Justice Kennedy’s opinion will make a lot more sense to you. Go to this link to look them up.
- Engelgau, U.S. Patent No. 6,237,565 (filed August 2, 2000), itself a continuation of the application filed for U.S. Pat. No. 6,109,241 (filed Jan. 26, 1999). Note: looking at the parent application allows you to see the prior art references revealed by the applicant, which as Kennedy points out, does not include Asano. The prior art revealed by the applicant for ‘565 is found in both ‘565 and ‘241.
- Smith, U.S. Patent No. 5,063,811 (filed July 9, 1990)
- Asano, U.S. Patent No. 5,010,782 (filed July 28, 1989)
| Teleflex Claim 4 (Engelgau) | Asano | Redding | Smith | ‘068/Chevy sensors | Rixon | Rejected Teleflex claim |
| adjustable pedal | ||||||
| fixed pivot point | ||||||
| electronic pedal sensor | ||||||
| sensor on fixed support |
Wed., Feb. 18 (class 9): Patents (infringement)
- Casebook pp. 265-295
- Section 271 of Patent Act, especially subsections (a) through (c)
WEEK 6
Mon., Feb. 23 (class 10): Patents (design patents)
- Casebook pp. 295-320
Wed., Feb. 25 (class 11): Trade secrets
- Casebook pp. 29-61
- Florida Uniform Trade Secrets Act, 688 Fla. Stat. Ann. 688.001 et seq
WEEK 7
Mon., Mar. 2 (class 12): Trade secrets
- CB 62-94
Wed., Mar. 4 (class 13): Trade secrets
- Casebook pp. 94-128
WEEK 8
Mon., Mar. 9 (class 14): Copyright (subject matter, idea/expression)
Wed., Mar. 11 (class 15): Copyright Limitations (Useful Articles, Software)
- Casebook pp. 346-368
- Sections 101, 102(b) of Copyright Act (17 U.S.C. §§ 101, 102(b)) (including definitions of “useful article” and “pictorial, graphical, and sculptural works”)
WEEK 9
SPRING BREAK, NO CLASS MARCH 16 or 18
WEEK 10
Mon., Mar. 23 (class 16): Copyright Ownership, Registration, Duration
- Casebook pp. 368-390
Wed., Mar. 25 (class 17): Copyright Exclusive Rights, Infringement
WEEK 11
Mon., Mar. 30 (class 18): Copyright Fair Use
- Casebook pp. 423-456
- Copyright Act § 107
Wed., Apr. 1 (class 19): Copyright Fair Use; Direct Liability
- Casebook pp. 456-481
WEEK 12
Mon., Apr. 6 (class 20): Copyright Secondary Liability
- Casebook pp. 481-509
- Copyright Act § 512 (skim); Patent Act §§ 271(b) and (c) (review)
Wed., Apr. 8 (class 21): Trademarks (subject matter, registration)
- Casebook pp. 511-539
- Lanham Act § 2, 15 USC § 1052
WEEK 13
Mon., Apr. 13 (class 22): Trademarks (device marks, trade dress)
- Casebook pp. 539-568
Mon., Apr. 15 (class 23): Trademarks (infringement)
- Casebook pp. 568-600
- Lanham Act §§ 32(1), 43(a), 15 USC 1114(1), 15 USC § 1125(a)
WEEK 14
Mon., Apr. 20 (class 24): Trademarks (cybersquatting, dilution)
- Casebook pp. 601-639
- Lanham Act § 43(c), 43(d), 15 U.S.C. § 1125(c), (d)
- Uniform Domain Name Dispute Resolution Policy (UDRP)
Wed., Apr. 22 (class 25): Trademarks (fair use and other defenses; basics of preemption)
- Casebook pp. 639-672
- Lanham Act § 43(c)(3), 15 U.S. Code § 1125(c)(3)
WEEK 15
Mon., Apr. 27 (class 26, last day of this class): IP Limits (first sale)
- Casebook pp. 702-732
- 17 U.S.C. § 109(a), (c), (d)
Last revised Feb. 25, 2026