1. IP: Scientific Evidence in Patent Litigation Week 3
Amy
Sam
Patrick
Nicolaj
Waqas
Ram Tim Jamie Amanda
Chris
Corinne
Kevin
Dave
RJM
Whiteboard
DOOR
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

2. Seating Order – Previous Weeks
Patrick Nicolaj Tim Waqas Ram
Week 2 – BSC v. Cordis - columns
Corinne Dave Sam Amy
Kevin
Jamie
Chris
Amanda
RJM
Amanda
Nicolaj
Amy
Waqas
Tim
Week 1 – Ordinary Patents + comments
Kanu Kevin Sam Patrick Chris
Dave
Jamie
Corinne
Ram
RJM
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

3. RJM - IP: Sci Ev in Pat Lit - Winter 2012
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
01/19/2012
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.
01/19/2012
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.
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

6. RJM - IP: Sci Ev in Pat Lit - Winter 2012
Continuations, Etc.
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

7. Simulations – Three Teams
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
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

8. RJM - IP: Sci Ev in Pat Lit - Winter 2012
Th Fri
Amanda Y NM
Amy Y Y
Chris N N
Corinne Y* Y
Dave Y* M
Jamie Y Y
Kevin Y* Y*
Nicolaj Y N
Patrick Y Y
Ram Y Y
Sam Y Y
Tim NY N
Waqas Y Y
Roberta Y Y
Field Trip
* means does not need a ride.
Van only holds 10 passengers.
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

9. AI C&C PO Major Issues of Liability in Patent Law Validity
How do BOP and QOP affect the litigators and scientific experts?
WHO HAS THE BOP?
WHAT IS THE QOP? AI
C&C
Validity
Infringement PO
Preponderance
Sci.Ev. - rjm
Week 01 9
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

10. 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
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

11. BSC v. Cordis - File Histories
In 10 minutes, decide how you’d spend *2 hours* grappling with a file history. Who gave the best advice about what to do….
Let’s look carefully at the parent file history
What’s on pdf page 85?
What about page 84?
And let’s compare these important pages to what you get in a filewrapper that’s been scanned by the PTO
To see file histories go to public PAIR on the USPTO cite.
in TWO HOURS???
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012

12. RJM - IP: Sci Ev in Pat Lit - Winter 2012
Next Week
KSR v. Teleflex (Supreme Court – 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
01/19/2012
RJM - IP: Sci Ev in Pat Lit - Winter 2012