1. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 1 IP: Scientific Evidence in Patent Litigation Week 3 Amy Sam Patrick Nicolaj Waqas Ram Tim Jamie Amanda Chris Corinne Kevin Dave RJM DOOR Whiteboard

2. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 2 Seating Order – Previous Weeks Amanda Nicolaj Amy Waqas Tim Week 1 – Ordinary Patents + comments Kanu Kevin Sam Patrick Chris Dave Jamie Corinne Ram RJM Patrick Nicolaj Tim Waqas Ram Week 2 – BSC v. Cordis - columns Corinne Dave Sam Amy Kevin Jamie Chris Amanda RJM

3. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 3 Today’s Agenda Simulation Schedule Continuations, etc. Acer v. TPL – claim charts, claim interpretation, formatting claims, Judge Ware, etc. BSC v. Cordis Next week’s Agenda 6:25 Good bye. (Tomorrow: back to court). Break ~5:20

4. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 4 Simulations – Three Teams Tuesday, 3/6/12, 8* to 10 pm *1 student has a conflict until 7:30 Wednesday, 3/7/12, 6? 7? 8? to 2 hours later 1 student has a conflict until 5:30 Thursday, 3/8/12, 5:30 to 7:30* 1 student has conflict starting at 7:30 Alternative:s depending on the seriousness of the conflicts, either 1. All 3 sessions could be from 7:30 to 9:30, or 2. We could have two sessions on Thursday, and the other session on Wednesday.

5. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 5 Simulations – Three Teams One extra lawyer; maybe ne will do a tutorial?! The 3-lawyer team would get 75 minutes. The other teams get 60 minutes. The extra time is for set-up, introductions, judges’ comments, and networking/refreshments.

6. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 6 Continuations, Etc. File Application Receive Office Action Restriction Requirement: Elect Claims, File Divisional (maybe petition for review of Restriction?) Rejection: Amend/Argue or Abandon File Amendment (the aquiescence to the Restric is also an Amendment

7. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 7 Field Trip * means does not need a ride. Van only holds 10 passengers. ThFri AmandaYNM AmyYY ChrisNN CorinneY*Y DaveY*Y* JamieYYN KevinY*Y* NicolajYN PatrickYY RamYY SamYY TimNYN WaqasYY RobertaYY 9 7

8. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 8 2009 - Sci.Ev. - rjm Week 01 8 Validity Infringement AI Preponderance C&C PO WHO HAS THE BOP? WHAT IS THE QOP? How do BOP and QOP affect the litigators and scientific experts? Major Issues of Liability in Patent Law

9. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 9 Claim Interpretation and File Histories As you look at a patent, especially its claim 1 and its file history, think about: -ideas for design-arounds and noninfringement arguments - ideas for invalidity arguments - any questions for which YOU need/would be an expert

10. 01/26/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012 10 Next Week KSR v. Teleflex (Supreme Court – 2007 -- invalidity because obviousness) Grad Students: Look for a simulation patent Law Students: After I forward you a random Grad Student’s potential patent, check for litigation and file history Catching up, answering your questions Assignment: Reading and webform for patent should be ready by tomorrow at 6 pm. Written assignment about KSR and catch-up will be ready Monday