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IP: Scientific Evidence in Patent Litigation Week 3

IP: Scientific Evidence in Patent Litigation Week 3. Ram Tim Jamie Amanda. Whiteboard. Chris Corinne Kevin Dave. Amy Sam Patrick Nicolaj Waqas. DOOR. RJM. Seating Order – Previous Weeks. Week 2 – BSC v. Cordis - columns Corinne Dave Sam Amy.

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IP: Scientific Evidence in Patent Litigation Week 3

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

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

  7. Th Fri • Amanda Y NM • Amy Y Y • Chris N N • Corinne Y* Y • Dave Y* Y* • Jamie Y YN • Kevin Y* Y* • Nicolaj Y N • Patrick Y Y • Ram Y Y • Sam Y Y • Tim NYN • Waqas Y Y • Roberta Y Y • 9 7 Field Trip * means does not need a ride. Van only holds 10 passengers. RJM - IP: Sci Ev in Pat Lit - Winter 2012

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

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