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
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RJM - IP: Sci Ev in Pat Lit - Winter 2012
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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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RJM - IP: Sci Ev in Pat Lit - Winter 2012
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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 Agenda6:25 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.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
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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*
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
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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
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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 expertSlide10
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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