Wk |
Date (lecture slides) |
Students |
Subject | Readings |
Written Assignment |
---|---|---|---|---|---|
1 |
09/05 | L
only |
1
Introducing Ourselves |
Questionnaire
|
Please
submit your answers to the
questionnaire by 9/5 at 10 a.m.. |
2
Review of Patent Law 3 How the Course Will Work |
|||||
4
Patent-marked Objects |
See email sent on 8/28 from Coursework for instructions about what to look for, what to post on Coursework and what to bring to class. | ||||
2 |
09/12 | L
only |
1 Your Patented Objects: How to read a patent, with special reference to how to evaluate it (PO view; AI view; VC view) or design around it (AI view) | Your
Patent |
See
email sent on 9/6. The question for
your comment is also posted on Coursework as
Main Forum - Topic for
Week 02 - 1. The patent on your patented object. For the comment^2 assignment, see email sent on 9/11. |
2
Review of
Patent Law: Issues about which an Expert Might Testify |
|||||
3
KSR and how it might affect your expert's testimony |
KSR |
See
email sent on 9/6. The question for
your comment is also posted on Coursework as
Main Forum - Topic for
Week 02 - 2. KSR. For the comment^2 assignment, see email sent on 9/11. |
|||
- |
09/19 |
No Class |
[Law School Flyback
Week; Grad Student Quarter not yet begun] |
||
3 |
09/26 |
G
only for first 1/2 hour |
1 Introducing Ourselves | Questionnaire;
Information about class meetings |
Please submit your answers to the questionnaire by 9/26 at 10 a.m. at the latest. |
L & G from 4:45 | 2
Patents and Patent Law:
An Introduction |
See
email sent on 9/21 to
LAW or
GRAD students, as the case may be. Grad students: please post your photos and patents on Coursework, Main Forum - Week 03 - GRAD STUDENTS ONLY: Patented Objects in the Lab Law students: please post your topic selections and slides on Coursework, Main Forum - Week 03 - LAW STUDENTS ONLY: Patent Law Topics. Law students only: No comment^2 assignment except slide revisions for the 5 who received comments on their slides in time. All: see email sent on 9/25 concerning changes to do in the meantime, even though there is nothing else to submit for this week. |
|||
4 |
10/03 |
L
& G |
1
Patent Law Introduction - Cont'd |
Grad Students: Please complete
the previously optional assignment
so that you can post a picture and information about patented objects
in your labs, and the patents whose numbers appear
on them. See email sent on 9/27. Law Students: Revise your slides in accordance with my comments, unless you did that already. See already sent or [to be sent]. |
|
2
Boston Scientific v.
Johnson
& Johnson (02-00790 SI) Those of us who can get away from campus will have the opportunity to attend the trial in this case in San Francisco when scientific expert are testifying. The precise date has not yet been set, but the first day of the trial (selecting the jury) is 10/9. |
The 8/21/07 opinion on summary judgment motions brought by AI Cordis (edited). Patents in suit: Kastenhofer '032, '965, '477 and '673 ; Forman '759 . | Everybody:
Read the opinion, look at one of the patents (or more, if you want to),
and file a
comment as required by the email sent 09/29. Instructions for comment^2 are in the email sent 10-02.. |
|||
3
Considerations in choosing
teams, patents and issues |
|
[Discussion
deferred to later class.] |
|||
5 |
10/10 |
L
& G |
1
Patent Law Introduction - Cont'd: Law Students to Lecture |
Law Students: please revise
your
slides in accordance with my comments and what you have learned or
realized in the last few weeks. Be ready to lecture for up to 5
minutes using your slides. See email sent
10-05. |
|
2
Grad students to find more patents |
Grad Students: find a first or second patent that covers something used in your lab or those who do experiments in the field in which you do theory. See email sent 10-05. | ||||
3
Finish discussion of Boston
Scientific, as a vehicle for learning all of patent law, and as
a vehicle for understanding the role of experts in patent cases |
See
10/03 entry above. |
Everybody: Please review the
August 2007 opinion, the patents, and EVERYBODY's comments and
comment^2s (copied into a WORD doc and linked here
for ease of use). See
email sent 10-05. For the short comment^2 assignment, see
email sent 10-9. |
|||
10/11, 15 |
Optional Field
Trip
to San Francisco federal court to see experts testify in Boston
Scientific. |
||||
6 |
10/17 |
L & G | 1 Patents and File Histories | Patents and File Histories from 2006 Simulation Projects | Look over the patent and the file history as assigned in the email sent 10-12 and answer the questions posed there. The patents and file histories are on Courseworks - Course Materials - 2006 Seminar: Selected Documents. |
2
Testifying, Examining, Cross-Examining. Also: Visual Aids,
especially Claim Charts |
Students
who went to see the trial: Write a short (250 words or
less) report on this experience. Students who did not
attend trial: Write two questions to ask those who
attended. See email sent 10-12. Comment^2 (only for students who did not attend trial): see email sent 10-16. |
||||
3
Picking teams |
No
reading, just thinking: What
will you look for in fellow team members and in the patent your team
chooses? We will form groups. Each group will have - two grad students who have done the assignments and plan to continue with the seminar, and - a proportional number of law students and the remaining grad students, so that everyone is in a team. |
||||
10/19,
22 and 23 |
L
& G |
1
Teams for Final Simulation Projects |
The
Patent(s) you are
considering for your simulation project |
I
will hold individual and team
conferences 10/19, 22, 23, in preparation for the 10/24 class. |
|
7 |
10/24 |
L & G | 1
Last Student Lecture - US v Other Countries' Patent Laws |
Juan
Reyes will speak. We
will spend a few
minutes if anyone has questions about any of the student lectures. |
|
2 Getting Serious about the Final Projects | The
patent(s) you are considering for your simulation project. Other
patents and documents as needed. |
Please
EMAIL as the TEXT of a message the left-hand
side of a claim chart for a claim in one of the patents you are
considering for the simulations. See email sent 10-17
for your teams, and email
sent 10-19
for the claim chart/comment requirement. **CLAIM CHART EMAILS** sent in the days preceding class are in the EMAIL subdirectory: 1022clch, 1022clch_n3, 1023clch and 1023clch_2. In class, we will explore what everyone needs to do and what everyone needs to know to do it. |
|||
3 Reading File Histories | Review what you wrote last week concerning the bilayer and magnetic separation file histories. | None,
other than refreshing your recollection. We will discuss what you
know, wonder about, and misunderstand about patent histories so that
you are ready to analyze the file histories for
your simulation projects. |
|||
8 |
10/31 |
L & G | 1
Daubert, Itself and in a Patent
Case on a Liability Issue |
Daubert(Sup. Ct.); Daubert on remand*
(not assigned, but there for those
interested), and excerpts from 2007 Fed. Cir. decisions MEMC and PHARMASTEM.. * Opinion by Kozinski, J. [Fun(and even less assigned): Kozinski's Syufy Opinion (find the 215 movie titles embedded in it) and Syufy Rosetta Stone (1992 BYU LRev 457 (1992)(movie titles underlined).] |
Read whichever one of these 3 docs you selected in class on 10/24 (see list of names and choices included in the email sent 10/26). Submit comment as required by email sent 10/27. |
2
KSR again/anew - Focus
on what happened below: Summary Judgment Motions
and Expert Declarations |
KSR | ||||
3 Transcripts from BSC v Cordis, the trial some students attended for a day | Testimony of Dr. Lisa Pruitt, Cordis's
technology expert on
its counterclaim on the
Fontirroche 5,820,594 patent |
||||
4
Preparation for Simulations |
The
cover sheets of at least 3 different
patents (you choose). Kastenhofer
family
tree (originally presented in week 4 slide 16 or week 5 slide 19)
and Kastenhofer patents
'477
and '673. Optional: Rixon family tree, mentioned in 10-28 email. |
There
will be a one-minute timed quiz about what you can learn from the cover
of a patent. Be sure at least one patent you look at (in addition
to
Fontirroche and
Kastenhofer) has an item [63] and at least one has an item [73].
(Not every patent does.) Learn WHERE on the cover sheet every bit
of information is. In class I willl only give you 60 seconds to answer ten questions about a patent you have very likely never seen before, so you will not have time to hunt for answers. To prepare for SOME (but not all) of the questions, you should understand the family tree and its relationship to information on the patent cover sheets. |
|||
9 |
11/07 | L & G | No
class on Wednesday;
Conferences Friday, 11/2, or Wednesday to Friday, 11/7-9. |
||
10 |
11/14 |
L & G | Summary
Judgment Motions Supported by
Expert
Declarations: Oral Argument and Testimony/Tutorials in Brief
(VERY brief) |
Your
Team's Patent, Its Prosecution History, and Maybe some Prior Art or
Some Law or both |
By
Tuesday at 8 am, each
student must submit an abbreviated OUTLINE for a summary judgment
motion or expert declaration in support of that motion on an issue
suggested by your patent, its prosecution history, and your experts'
views on designing around it, as applicatble. L: SJ arguments: the
FACTS that will give rise to your winning on SJ and applying the LAW to
them (but no boilerplate law; no
law lecturing at all in your talks). G:
Expert Declaration or testimony (ordinary or tutorial, which is more
like a lecture). to support the SJ motion. Slides for your talks
(if any) can be posted any time up until class. For the
3-minute
practice and TIME YOURSELF. For more specific instructions
about submitting the SJ/Declaration outline, see email
sent 11/11. |
- |
11/21 |
L & G |
No class on Wednesday (Grad School is
closed; Law school
is on a Friday Schedule). Team and individual conferences as
needed, Monday to
Wednesday
|
||
11 |
11/27 and 11/28 | L & G | Simulations
|
See TEAMS.HTM for the
latest information
about the simulation
projects: participants, patent, dates, judges, etc. See RULES.HTM for the latest information about the ground rules for the simulations. Specific stipulations for each team will be linked on TEAMS.HTM. Instructions for stipulations will be provided by email.. Critique Assignments: See email sent 11/20 and 12/03. The web version of the email will be updated if needed. |
|
12 |
12/04
and 12/05 |
L & G |
Simulations |