Giles Sutherland Rich Moot Court Competition
General Information
The competition has two elements: written briefs and oral argument. The written portion involves the simultaneous preparation of two appellate briefs -- one for the appellant and the other for the appellee. The oral portion involves arguing an appeal with a partner to a panel of three judges.
While the subject matter is, at least in theory, “intellectual property,” Judge Rich, after whom the competition was named, was the Chief Judge of the U.S. Court of Appeals for the Federal Circuit, the Nation’s specialized patent court. Perhaps for this reason, the appeal invariably involves quite sophisticated patent law issues, although other IP issues, frequently trade secret and sometimes trademark law issues, may be included.
Dates and Location of Competition
The oral portion of the competition has two phases: Regional competitions which take place in San Francisco/Palo Alto, Houston, Chicago and Boston in March and the National Competition which take place in Washington, D.C. in April. The Final (Championship) Round will be before a panel of judges from the U.S. Court of Appeals for the Federal Circuit.
Law schools may choose the Region in which they will compete. Loyola has competed in both the San Francisco/Palo Alto and Houston Regionals in past years but may compete in either the Chicago or Boston Regional this year. Travel expenses – consistent with the Law School’s Student Travel Policy – will be provided to all team members.
The Problem and the Rules (including "due dates" for the Briefs) will be posted on the AIPLA Home Page on or about October 1. We assume both briefs will be due in late January or early February. The Rules require that both members of the team jointly prepare each of the two briefs. The preparation of the written briefs is the most influential element of the competition; a team with a substandard brief has virtually no chance of winning even the Regional competition.
Practice oral arguments will begin in earnest in January or February, as soon as preliminary draft briefs have been completed, and will continue until the competition has ended for the Loyola Team(s). Practice oral arguments will simulate the actual competition, except that most practices will be held before a single judge. Since the LLS teams will likely be composed of both day and evening students, we plan to schedule regular practices on Monday and Wednesday evenings from 8:15 to 10pm and, for those available on Friday afternoons. Additional practice sessions will be held on weekends. In the weeks immediately prior to the actual competition, practices may be held at local patent law firms, generally at lunch time or late afternoon/early evening.
If a sufficient number of well qualified students apply, we will select four students who will be assigned to two teams of two students each. We expect -- but cannot guarantee -- that both Teams will be allowed to participate in the Regional Competition.
Selection will be based on academic performance at Loyola, interest and/or experience in patent law, writing ability, oral advocacy potential and, most important, and the willingness to make the necessary time commitment. An “audition” will most likely also be held in the Fall during which each applicant will argue an issued selected from a prior competition.
In most situations, priority will be given to students who have taken or are taking basic Patent Law, Patent Prosecution (or who have equivalent experience) and Appellate Advocacy. Where candidates appear to have similar experience, potential, and interest, preference will be given to third year day and fourth year evening students.
Because of the time commitment required and in order to give the maximum number of Loyola students the opportunity to participate on a moot court team, team members will not be permitted to be on any other Loyola "moot" team during the same academic year.
Reimbursement of Travel Expenses
The Law School will reimburse actual and reasonable travel expenses based on the "policy" for all Moot Court Teams. (Copies are available from Dean Yamamoto.) Travel advances are not generally available.
Team members who have satisfactorily discharged the obligations described above will receive two units of academic credit in the Spring semester. Students who voluntarily withdraw from the team or are dropped for any reason will not receive any academic credit.
Interested students should submit a resume, writing sample, and a letter describing their interest and experience in both patent law and advocacy experience to Linda Wysocky, Loyola Faculty Support. (An application will be deemed consent to allow the Office of the Registrar to provide a copy of the applicant’s transcript.) The deadline is September 18, 2006.
Questions? Contact John McDermott.