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01/19/2012 - PowerPoint Presentation

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01/19/2012 - PPT Presentation

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

rjm 2012 pat sci 2012 rjm sci pat lit winter file patent sam teams patrick week claim nicolaj histories

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Slide1

01/19/2012

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

1

IP: Scientific Evidence in Patent LitigationWeek 3

Amy

Sam

Patrick

NicolajWaqas

Ram Tim Jamie Amanda

ChrisCorinneKevinDave

RJM

DOOR

WhiteboardSlide2

01/19/2012

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

2

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

01/19/2012

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

3

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

01/19/2012

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

4

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

01/19/2012

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

5

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

01/19/2012

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

6

Continuations, Etc.Slide7

01/19/2012

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

7

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

01/19/2012

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

8

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

01/19/2012

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

9

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

01/19/2012

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

10

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

01/19/2012

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

11

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

01/19/2012

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

12

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