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01/26/2012 01/26/2012

01/26/2012 - PowerPoint Presentation

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01/26/2012 - 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: 247847

rjm 2012 pat sci 2012 rjm sci pat lit winter patent file claim sam patrick week nicolaj conflict amy

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Slide1

01/26/2012

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

01/26/2012

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

01/26/2012

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 Agenda6:25 Good bye.

(Tomorrow: back to court).

Break ~5:20Slide4

01/26/2012

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

01/26/2012

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

01/26/2012

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

6

Continuations, Etc.File ApplicationReceive 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 AmendmentSlide7

01/26/2012

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

7

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*

Y*

Jamie Y

Y

N

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

7Slide8

01/26/2012

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

8

2009 - Sci.Ev. - rjmWeek 018

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 LawSlide9

01/26/2012

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

9

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 expertSlide10

01/26/2012

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

10

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