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|
Other Useful Links | Deadline Schedule |
| Class |
Date (Linked to Detailed Assignment) |
Subject |
Readings |
Written Assignment |
|---|---|---|---|---|
| 1 | 09/23 slides |
1
Introducing Ourselves |
Questionnaire
for everyone. Law
Students, please also answer these questions
about patent law and
practice. |
Please
submit your questionnaires by Sunday,
9/20, at noon. |
| 2
How the Course Will Work |
How
the Course Will Work. In class you will have to sign a
statement that you have read and understood this, and agree to be bound
by its terms. |
Print out a copy of How the Course Will Work, annotate/highlight it, and bring it to class for me to collect. | ||
| 3 Patent-marked Objects; Litigated Patents | The detailed assignment is here. (From now on, the detailed
assignment will be linked to the
date, see second column, and available in the ASSIGN subdirectory.) The assignment requires you to read your patent (I explain what I mean by "read" and "your"; "your" is one thing for law students and a different thing for grad students) and to do some related work. You also will have some tasks related to the 5,913,813 patent, one of three patents in suit in Hologic v. SenoRx, a case scheduled to be tried in San Jose federal district court in October. |
By
Monday night at 10 pm, please complete the assignment
and submit your response on Coursework in the
appropriate topics in Discussion Forum "0923."
By Wednesday morning at 9 am, please submit your comment on another student's claim 1 reformatting, in accordance with the comment instructions. |
||
| 2 |
09/30 slides |
A.
"Instant
Patent Law" (cont'd) and an introduction to Claim Charts and File
Histories |
None. |
A.
Please submit two questions about patent law that you thought of
during the previous class that weren't answered. As your comment,
please answer somebody else's question. Submit everything to the blog, below my new post,
"Assignment for 09/30." |
| B.
Claim Construction Decision in Hologic
(abridged) |
Note on how I edit cases. Hologic Claim Construction Order |
B. Write one question about the law discussed in the case and one question about the facts of the case. Email your questions to me by the assignment deadline. | ||
| - |
10/7 |
The
Law School is on break but the rest of the university is not.
Genetics 243 therefore will meet on 10/7. Anyone registered in either class is welcome to come. There will not be any reading or writing assignment. Please email me by Monday morning (9 am) if there is some area of patent law or about your final projects that you would like me to address. (In class, we reformatted the Hologic claim. Guillaume posted it to the original 0923 Discussion Forum on Coursework.) |
||
| - |
~10/13?? |
NO
OPPORTUNITY TO SEE THE TRIAL of Hologic v.
SenoRx before Judge
Ronald M. Whyte until the last week of class. The case has been
continued to December 1. |
||
| 3 |
10/14 slides |
Continue
on claim construction. Begin
consideration of infringement,
especially by equivalents. |
READ:
The
Second Claim
Construction Order in Boston
Scientific v. Cordis, construing the Fontirroche 594 patent. LOOK OVER AS NEEDED: Fontirroche et al 5,820,594. The Certificate of Correction for the 594 patent. SKIM PER HOMEWORK INSTRUCTIONS: Counterclaim PO Cordis's technology expert on the 594 patent Testimony of Dr. Lisa Pruitt The visuals discussed in the testimony include the patent and both file histories, as well as Dr.Pruitt's slides, and a trial exhibit (the Samuelson patent) and deposition exhibit (claim construction slide), used during cross-examination. NOT ASSIGNED, but available for those who may be curious: (1) The file history of the application that issued as the 594 patent, and the file history of the parent application (which issued as 5,538,510). (2) The docket sheet for the case. The original claim construction order is No. 298, at DOC page 81 of 119. |
See
Assignment. |
| 4 |
10/21 slides |
Focus
on the LAW. For validity: obviousness. For infringement: doctrine of equivalents. (Lecture only: The Festo and W-J presumptions.) Leftover from last week: What is an interference. (Slides) |
The
assignment specifies which case you (personally) have to read
carefully. Please skim the other three cases. Obviousness: Doctrine of Equivalents: For copies of the patents in suit, see the DOCS subdirectory. |
See
Assignment. |
| 5 |
10/28 |
Finish
obviousness: Sanofi |
Skim
to review KSR and Sanofi and remind yourself
what, if anything, you wrote about Sanofi. |
|
| Focus on Expert Testimony Law: Daubert, why Daubert motions against scientific experts in patent cases are not that common, but when they do arise they can decide the whole case | Expert
Testimony Law: 1. Daubert meets patent law: MEMC and PharmaStem 2. It just so happens that the 10/28 meeting will be observed by Prof. Joe Grundfest, a securities law professor, who coincidentally filed an expert affidavit two months ago in the Bank of America/Merrill settlement. Please skim it and mentally compare it to that of a scientific expert in a patent case. Try to identify both the differences and the similarities between Prof. Grundfest's affiidavit,and a typical scientific expert declaration submitted in connection with a claim construction or a summary judgment motion of invalidity or infringement. |
See
Assignment. |
||
| Finding a patent for the simulation project; Picking teams; | Grad
Students: Identify equipment in your lab with patent numbers;
check out the patents. (You cannot use what you or anyone else
used for week 1.) Law Students: Find things in your friend's labs, or your home or a store with patent numbers. (You cannot use what you or anyone else used for week 1.) |
Complete
the form "Patent
Questionnaire". You may want to look over a sample answer (based on my imagined
observation of a Cordis catheter bearing the Fontiroche patent number,
5,820,594). Post the required photographs here (a link to a Discussion Forum entitled 1028 on Coursework) |
||
| 6
|
11/04 |
Your
Patents
and Teams; Remaining Legal Issues |
Confirm that everyone has a patent. File histories not on PAIR will need to be ordered. | |
| 7 | 11/11 slides |
Guest
Speaker - real life expert Harry Bims, Ph.D. (EE) |
Read
the Bims Declaration on behalf of the
companies adverse to
CSIRO (pron. SY-ro (rhymes with TRY-no)). Look over the patent in
suit, 5,487,069, as needed. |
See assignment. |
| Simulations
- Common
Problems; Narrowing the Issue for the Simulation |
Check
out the Discussion forum
on coursework about Simulations
Generally. I will answer your questions as they are
posted. Read your patent. Read your file history - either on PAIR or on the Landon site when Landon posts it. Sometime between Sunday, 11/8 and class on 11/11, meet with me as a team. Kermits: please organize the time and date. My office (room 208) can be the place. |
Please
work with your Kermit to
set up a time for a team meeting with me. If you haven't settled
on a patent yet, we should still meet I can order file
histories of patents you are contemplating, if that will help you
decide. |
||
| From
11/12 to 11/24 - Additional Team Meetings with RJM |
||||
| 8 |
11/18 |
Preparation
for the Simulation: Your Claim Chart; 3 minute
practice talks |
Read
your patent and its file history and prior art specifically mentioned
as rendering claims anticipated (35 USC 102) or obvious (35 USC
112). Prepare presentations as described in the 11/11 slides. |
By
WEDNESDAY at 9 am, please post on Coursework
on your team's Discussion page (one posting per team is enough): a reformatted version of the claim of interest and answers to a few questions about the prosecution history. |
| - |
11/25 | NO
CLASS - but Movie Day. Come by the Swig Room at 3 to watch Desk
Set (1957), the
Hepburn-Tracy movie about the relative merits of computers and
books. Written long before the internet, Google Books, or the Kindle, but still full of wisdom for our time. |
||
| 9.1 |
12/01 |
Simulation Performance, Team
1. 7 to 8:30 pm, Room 80 (Moot Court Room) |
See
TEAMS.HTM for schedule, links to patents
and file histories, etc. See CRIT.HTM for critique assignments. |
|
| 9.2 |
12/02 |
Simulation
Performances Teams 2 and 3. 7 to 10 pm, Room 80 (Moot Court Room) |
||