Submission of ROBERTA J. MORRIS
to Phase 2 of the Best Law Teacher Study
September 15, 2010

This page is a guide to my 2004 Patent Law Coursepack. 
Printouts of some parts of the coursepack were sent by mail. 
A copy of the syllabus (only) can also be found at  http://stanford.edu/~rjmorris/ARCHIVE.TOC/PATENT04.DOC
The class website used by the students during the winter 2004 semester, including the entire coursepack, is still available at
http://www-personal.umich.edu/~rjmorris/winter04/
To keep the course website from search engines, the home page was password protected.  
The username is 727 and the password is 102b
727 was the course number and 102b (one-oh-two-bee) is  a key provision in patent law. 

Please feel free to enter the course website and explore.  Once on the main index page, you can navigate freely to any subpages.
Note on web version of my course materials
I compose using wp5.1.  In 2004, I hired one of my students (Ming Shui) to make pdf and doc copies of the wp5.1 originals.  The problem with MSWord is that its conversion does not respect line breaks, page breaks and other formatting. I care about, and take pains with, the appearance of my course materials, so I asked Ming to eyeball each .doc conversion and fix it to look right.  I've mostly linked the pdfs on this list, because they were often scanned from the wp5.1 printouts distributed to the class.
Highlights of 2004 Patent Law website

Topic or Document
Notes


SYLLABUS
I always teach patent law from my own materials.  There were two exceptions, once when a former student (Jay Thomas) co-authored a casebook and I used it in draft, and once when I co-taught with Prof. Rebecca Eisenberg and she wanted to use a book.  When I use a book, I add materials: not just additional cases, but also: statutes, regulations and Patent Office Rules, parts of cases edited out by the casebook that I think are key,  news articles, patents, etc.  When I have taught Copyright or an IP Survey I have used a casebook and added my own (thick) supplement.
The 2004 syllabus is in overall shape much like the one from my first year of teaching in 1991.  I did begin to annotate the cases more, especially once I could stop using cut-and-paste xeroxes.
A paper copy of the 2004 syllabus was sent by mail.
COURSE PROCEDURES
 
How the Course Will Work (pdf)
I have always provided a document with this title in my course materials to tell my students what to expect. Thus the 2004 version was an improvement on earlier versions starting in 1991.  In my current seminar at Stanford (Scientific Evidence and Expert Testimony: Patent Litigation), the latest version of How-Work, http://www.stanford.edu/~rjmorris/sciev.10/howwork.htm, has as its origin How-Work's of every course and seminar I've taught since 1991.
TESTING AND GRADING
In the basic patent law course I gave a doesn't-count midterm. In the early years, it did count, but I'd always promised to ignore the midterm if performance on the final was very different.  Making it doesn't-count, and even letting people choose not to take it at all, worked better.
Although the midterm did not count in the calculation of the final grade, I still graded the papers thoroughly, handing them back with individual annotations as well as a handout with commentary and best student answers (see Post-midterm Memo, below).  In making final adjustments to grades,  I will take into consideration a student's having written a best answer to the midterm just as I do a student's volunteering intelligent comments in class, doing an outstanding assigned recitation, etc.

Pre-midterm Memo I hand out a memo to explain how my tests may differ from other law school tests, and how my grading may differ, too.
The major differences are:
  •  my preference for what I call skeletal questions (see page __ of the memo), single page and with limited detail, rather than multi-page issue-spotters, because I think skeletal questions are what real lawyers confront and what they have to be able to analyze; and
  • my deduction of points -- not awarding points, not even being neutral --  for what I call the "outline parade" (the outpouring of knowledge from the student's outline without regard to the question asked)
Although the midterm does not count in the calculation of the final grade, I still grade the papers thoroughly, handing them back with individual annotations as well as a handout with commentary and best student answers (see next item)

Post-midterm Memo In this memo, I provide commentary on what was right and wrong about the papers as a whole. I also include annotated versions of top student answers. (A paper copy of this document was sent  by mail.)

Pre-Final Exam Memo
This memo explains the procedure for the final and gives some more pointers about what I expect and prefer.
CLASS POWERPOINTS
Directory:  http://www-personal.umich.edu/~rjmorris/winter04/powerpoint/

Example:  Slides for Week 11, Monday {11M.PPT}
Since my first year of teaching, I have used visual aids.  Back in 1991 I used transparencies.  From 2000 on, I used powerpoint.  Students can be inspired to read statutes, and even to pay attention to the language in them, if the text is displayed on a large screen in the front of the classroom. 
The slides also are a study aid.  In the old days, I would put photocopies of the transparencies on reserve in the library.  In modern times, I would web post the powerpoints.
CASES, STATUTES, ETC.
Directory:  (doc and pdf versions) http://www-personal.umich.edu/~rjmorris/winter04/substance/



Example of an Edited Case:


WRITTEN ASSIGNMENTS
Recitation Summary



Everyday Patent Assignment
I gave the Everyday Patent Assignment starting to every patent law class starting in 1996, and to the IP Survey in 2007.  The assignment required students to find something in their rooms or apartments marked with a patent number, to get a copy of the patent, to write a short essay about it and to address the language of its claim 1. (The legal significance of a patent for most purposes is in the claims.  Claim 1 is usually the broadest and most carefully written claim.)  Unfortunately, I don't have any copies of my student's work, but I always received some awesome work on these projects.



TESTING - MIDTERM, FINAL

I hand out a memo before the test to explain how my tests may differ from other law school tests, and how my grading may differ, too.
I still grade the papers thoroughly, handing them back with individual annotations as well as a handout with commentary and best student answers, also annotated.
After the test I provide a memo with commentary and sample answers so the students understand their grades.