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 ID: 247848
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IP: Scientific Evidence in Patent LitigationWeek 3
Amy
Sam
Patrick
NicolajWaqas
Ram Tim Jamie Amanda
ChrisCorinneKevinDave
RJM
DOOR
WhiteboardSlide2
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Seating Order – Previous Weeks
AmandaNicolaj
AmyWaqas
Tim
Week 1 – Ordinary Patents + comments
Kanu Kevin Sam Patrick Chris
DaveJamieCorinne
Ram
RJM
Patrick
Nicolaj
Tim
Waqas
Ram
Week 2 – BSC v.
Cordis
- columns
Corinne Dave Sam Amy
Kevin
Jamie
Chris
Amanda
RJMSlide3
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Today’s AgendaSimulation 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 ~5:20Slide4
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Simulations – Three TeamsTuesday, 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.Slide5
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Simulations – Three TeamsOne 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.Slide6
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Continuations, Etc.Slide7
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Simulations – Three TeamsFile ApplicationReceive Office Action Restriction Requirement: Elect Claims, File Divisional (maybe petition for review of Restriction?)
Rejection: Amend/Argue or AbandonFile Amendment (the aquiescence to the Restric is also
an AmendmentSlide8
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Field Trip
* means d
oes not need a ride
.
Van only holds 10 passengers.
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
N
Y
N
Waqas
Y
Y
Roberta Y
Y
9 8Slide9
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RJM - IP: Sci Ev in Pat Lit - Winter 2012
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2009 - Sci.Ev. - rjmWeek 019
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 LawSlide10
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Claim Interpretation and File HistoriesAs 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 expertSlide11
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BSC v. Cordis - File HistoriesIn 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. 7983848To see file histories go to
public PAIR on the USPTO cite.
i
n TWO HOURS???Slide12
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Next WeekKSR 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