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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. 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 RJM - IP: Sci Ev in Pat Lit - Winter 2012

  8. 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 NYN • Waqas Y Y • Roberta Y Y • 9 8 Field Trip * means does not need a ride. Van only holds 10 passengers. RJM - IP: Sci Ev in Pat Lit - Winter 2012

  9. 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 9 2009 - Sci.Ev. - rjm 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 RJM - IP: Sci Ev in Pat Lit - Winter 2012

  11. BSC v. Cordis - File Histories in TWO HOURS??? 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. 7983848 To see file histories go to public PAIR on the USPTO cite. RJM - IP: Sci Ev in Pat Lit - Winter 2012

  12. 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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