Chart of Assignments
Intellectual Property Survey, Fall 2022
Eric E. Johnson, OU Law

Updated as of: December 2, 2022.
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→ Jump ahead to: Week 14.

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Where and When:
Thursdays & Fridays 11:00 - 12:15 p.m., Classroom 2
In the reading assignments below, "IPS" refers to Intellectual Property Surveyor 1.0 (Museum Edition, Version 1.0) . The suffix "-O" means "Volume: Orientation." The suffix "-C" means "Volume: Copyright." A "P" means the "Patent" volume.


Day by Day:
Week No 1
[Note: On 8/27, the names and numbering of the topics for week 1 was retroactively adjusted to match the syllabus. Nothing was changed regarding the readings.]
THURSDAY August 25 No 1
1. About the Course
No reading required for this for today.
2. Blackletter Overview, Basic Framework and Initial Questions
Read IPS-O, Chapter 1.
FRIDAY August 26 No 2
1. About the Course, continued
Read the syllabus (once it is posted)
2. Blackletter Overview, Basic Framework and Initial Questions, continued
No additional reading
3. Theoretical Justifications
Read IPS-O, Chapter 2.
Week No 2
THURSDAY September 1 No 3
1. About the Course, continued
The syllabus was posted Friday 8/26. Be sure to have read it by today.
3. Theoretical Justifications, continued
We'll finish our discussion of readings from last week. No additional reading.
4. Copyrightable Subject Matter: Fixation, Authorship, Originality, Creativity, and the Fact/Expression Dichotomy
Read IPS-C, Chapter C-1.
FRIDAY September 2 No 4
5. Copyrightable Subject Matter: Distinguishing Expression from Ideas, Methods, Systems, Etc.
Read IPS-C, Chapter C-2.
Week No 3
THURSDAY September 8 No 5
CLASS TO BE CONDUCTED ONLINE
As of 9/7, I'm sick and can't come to campus. But I'm hoping to be well enough to conduct the 9/8 class online via zoom, so that's my plan. I'm making arrangements for that, and I'm asking for it to be set up so that students attend in our regular classroom or online. I'll get details to you by email.

6. Copyright Registration, Notice, Duration, and the Public Domain
Read IPS-C, Chapter C-3.
FRIDAY September 9
Class canceled.
There is no IP Survey class on September 9.
Week No 4
THURSDAY September 15 No 6
7. Copyright Ownership (Works Made for Hire, Joint Authorship, Assignment)
Read IPS-C, Chapters C-4A, C-4B, and C-4C.
FRIDAY September 16 No 7
8. Copyright Infringement Analysis
Read IPS-C, Chapter C-5.
Week No 5
THURSDAY September 22 No 8
8. Copyright Infringement Analysis, continued
Please re-review IPS-C, Chapter C-5.
9. Limits on Copyright Infringement (First Sale, Fair Use)
Read IPS-C, Chapter C-6A.
FRIDAY September 23 No 9
9. Limits on Copyright Infringement (First Sale, Fair Use), continued
Read IPS-C, Chapter C-6B.
Week No 6
THURSDAY September 29 No 10
10. Copyright and Music
Read IPS-C, Chapter C-7.
FRIDAY September 30 No 11
11. Patent Anatomy and Patent Claims
Read IPS-P, Chapter P-0.
Read IPS-P, Chapter P-1.
Week No 7
THURSDAY October 6 No 12
12. Patent-Eligible Subject Matter and Utility
Read IPS-P, Chapter P-2.
Read IPS-P, Chapter P-3.
FRIDAY October 7 No 13
13. Patent Novelty
Read IPS-P, Chapter P-4.
Week No 8
THURSDAY October 13 No 14
14. Patent Nonobviousness
Read IPS-P, Chapter P-5.
FRIDAY October 14
Class canceled.
There is no IP Survey class on October 14.
Week No 9
THURSDAY October 20 No 15
15. Patent Disclosure and Patent Infringement
Read IPS-P, Chapter P-6.
Read IPS-P, Chapter P-7.
FRIDAY October 21 No 16
16. Patents, Regulatory Exclusivities, and Pharmaceuticals
Read IPS-P, Chapter P-8.
Week No 10
THURSDAY October 27 No 17
16. Patents, Regulatory Exclusivities, and Pharmaceuticals, continued
No new reading.
17. Sui Generis Rights
No reading for this topic.
18. Trade Secret Subject Matter, Gaining and Losing Protection
Read IPS-S, Chapter S-0.
Read IPS-S, Chapter S-1.
FRIDAY October 28 No 18
18. Trade Secret Subject Matter, Gaining and Losing Protection, continued
No new reading for this day. (Called an audible on Thursday 10/27 because we'll be discussing Chapter S-1 today.)
Week No 11
THURSDAY November 3 No 19
18. Trade Secret Subject Matter, Gaining and Losing Protection, continued
Read IPS-S, Chapter S-2.
FRIDAY November 4 No 20
19. Trade Secret Misappropriation
Read IPS-S, Chapter S-3.
Week No 12
THURSDAY November 10 No 21
21. Trademark Fundamentals and Distinctiveness; Lanham Act Registration
Read IPS-M, Chapters M-0, M-1, M-2.
THURSDAY November 10 No 22
Special make-up session 12:20 to 1:20 p.m.
We will be in (or really stay in) Classroom 2. I am asking for this session to be recorded and put on Canvas. I won't be taking attendance. I will order pizza. You can also bring your own lunch.
22. Trademark Ownership, Use, Priority
Read IPS-M, Chapter M-3.
FRIDAY November 11
Class canceled.
There will be no IP Survey class on November 11.
(Note: There also will be no class on 11/18. Please see below.)
Week No 13
THURSDAY November 17 No 23
22. Trademark Ownership, Use, Priority, continued
No new reading; we'll wrap-up discussion of Burger King of Florida v. Hoots and discuss Bell v. Streetwise Records in IPS-M Chapter M-3.
23. Trademark Distinctiveness for Word Marks (Geographical, Misdescriptive, Generic, and More)
Read IPS-M, Chapter M-4.
THURSDAY November 17 No 24
Special make-up session 12:20 to 1:25 p.m. in Classroom 1
Please feel welcome to bring lunch. I'll bring some snacks.
I will arrange for this make-up session to be videoed and for the video to be put on Canvas.
I won't take attendance at this session.
24. Trademark Distinctiveness for Trade Dress (Color, Product Packaging, Product Design)
Read IPS-M, Chapter M-5.
FRIDAY November 18
Class canceled.
There will be no IP Survey class on November 18.
Week No 14
THRENDSDAY November 30 No 25
⚖Wednesday, November 30: Classes follow a Thursday schedule
24. Trademark Distinctiveness for Trade Dress (Color, Product Packaging, Product Design), continued
No new reading.
25. Trademark Functionality
Read IPS-M, Chapter M-6.
26. Trademark Infringement and Defenses
Read IPS-M, portion of Chapter M-7 from 144 to 161.
FRURSDAY December 1 No 26
⚖Thursday, December 1: Classes follow a Friday schedule
28. Right of Publicity
Read Nanotreatise on the Right of Publicity in the United States [html]
Read Polydoros v. Twentieth Century Fox [pdf]
29. Licensing
No reading; slides only.
[This was skipped and not covered in class because of time constraints.]

Topic by Topic:
Note: Any and all future readings are subject to adjustment and change.

PART I: Preliminaries
1. About the Course
2. Blackletter Overview, Basic Framework and Initial Questions
Read IPS-O, Chapter 1.
Read the syllabus.
3. Theoretical Justifications
Read IPS-O, Chapter 2.
PART II: Expression
4. Copyrightable Subject Matter: Fixation, Authorship, Originality, Creativity, and the Fact/Expression Dichotomy
Read IPS-C, Chapter C-1.
5. Copyrightable Subject Matter: Distinguishing Expression from Ideas, Methods, Systems, Etc.
Read IPS-C, Chapter C-2.
6. Copyright Registration, Notice, Duration, and the Public Domain
Read IPS-C, Chapter C-3.
7. Copyright Ownership (Works Made for Hire, Joint Authorship, Assignment)
Read IPS-C, Chapters C-4A, C-4B, and C-4C.
8. Copyright Infringement Analysis
Read IPS-C, Chapter C-5.
9. Limits on Copyright Infringement (First Sale, Fair Use)
Read IPS-C, Chapters C-6A and C-6B.
10. Copyright and Music
Read IPS-C, Chapter C-7.
PART III: Invention and Industry
SUBPART: Utility Patents
11. Patent Anatomy and Patent Claims
Read IPS-P, Chapter P-0.
Read IPS-P, Chapter P-1.
12. Patent-Eligible Subject Matter and Utility
Read IPS-P, Chapter P-2.
Read IPS-P, Chapter P-3.
13. Patent Novelty
Read IPS-P, Chapter P-4.
14. Patent Nonobviousness
Read IPS-P, Chapter P-5.
15. Patent Disclosure and Patent Infringement
Read IPS-P, Chapter P-6.
Read IPS-P, Chapter P-7.
16. Patents, Regulatory Exclusivities, and Pharmaceuticals
Read IPS-P, Chapter P-8.
SUBPART: Additional Rights Regimes
17. Sui Generis Rights
No reading for this topic.
SUBPART: Trade Secrets
18. Trade Secret Subject Matter, Gaining and Losing Protection
Read IPS-S, Chapter S-0.
Read IPS-S, Chapter S-1.
Read IPS-S, Chapter S-2.
19. Trade Secret Misappropriation
Read IPS-S, Chapter S-3.
20.Trade Secret and [a special topic]
[This topic was not covered this semester.]
PART IV: Identity and Origin
SUBPART: Trademark
21. Trademark Fundamentals and Distinctiveness; Lanham Act Registration
Read IPS-M, Chapters M-0, M-1, M-2.
22. Trademark Ownership, Use, Priority
Read IPS-M, Chapter M-3.
23. Trademark Distinctiveness for Word Marks (Geographical, Misdescriptive, Generic, and More)
Read IPS-M, Chapter M-4.
24. Trademark Distinctiveness for Trade Dress (Color, Product Packaging, Product Design)
Read IPS-M, Chapter M-5.
25. Trademark Functionality
Read IPS-M, Chapter M-6.
26. Trademark Infringement and Defenses
Read IPS-M, portion of Chapter M-7 from 144 to 161.
27. Trademark and Toys, Replicas, and Logo Merchandizing
[This topic was not covered this semester.]
SUBPART: Right of Publicity
28. Right of Publicity
Read Nanotreatise on the Right of Publicity in the United States [html]
Read Polydoros v. Twentieth Century Fox [pdf]
PART V: Miscellany & Marginalia
29. Licensing
[This topic was not covered this semester.]
30.International IP
[This topic was not covered this semester.]
31. Claims Regarding Pitches and Idea Submissions
[This topic was not covered this semester.]
32. Federal Preemption
[This topic was not covered this semester.]
33. Hot News Misappropriation
No reading; slides only.


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