Clicking on the link will get you the directory listing.
||Other Useful Links|
Law Students, please also answer these questions about patent law and practice.
submit your questionnaires by Sunday,
9/21 at noon.
|2 How the Course Will Work||How
the Course Will Work
you find ambiguities, typographical errors, or anything else, please
Patent-marked Objects; Litigated Patents
over your patent. What patent?
Grad students: Instructions were emailed on 9/2; a corrected copy is here.
Law students: Choose a utility* patent that:
later than MONDAY, 9/22 at 9
please post the following information in the Courseworks'
Discussion Forum for Week_01, accessible from Courseworks
- Discussion - Forum Index.
(See Courseworks for the partculars of the assignment in more detail.)
(1) A photo or link to a website showing your patented object.
(2) Identifying information for the OBJECT: manufacturer, use of the object, approximate age of your particular machine (or whatever it is)
(3) The patent number, title, issue date, and a link to a pdf version of the patent.
(4) A short statement about what you noticed on the patent.
(1) Citation to the judicial decision, a link to a court or other free website (not LEXIS or Westlaw), if any, and the issue it raises that would involve scientific expert testimony.
(2) Identifying information for the PATENT: title, issue date, and a link to a pdf version of the patent.
(3) A short statement about what you noticed on the patent.
and Patent Law --
Claim Charts and File Histories
1 Your Patent Claim 1 Claim Chart; looking at your patent again
at the patent you found last week. Look
at claim 1, and look again at
the 5 pages you brought with you to class on 9/22, bearing in
the information you learned/reviewed during class.
assignment is here.
It was originally emailed to you on Wednesday. Additional information,
mailed Friday, is here.
It is due
Monday, 9/29, at 9 a.m.
A real case: the patent and its file history
Scientific v. J&J/Cordis: the balloon catheter patent of
Fontirroche et al 5,820,594. 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).
Individual meetings scheduled during the weeks of 9/29 and 10/6 by student request.
Law and PTO Practice Information
class-wide assighment. Individual law students to complete their
researches on specific topics] Lecture only.
students: please complete revision of your slides in accordance with my
personal email to you. Due date is Friday, 10/10, at 9 a.m.
|2 CLAIM CONSTRUCTION and MARKMAN HEARINGS; the art of the claim chart, cont'd||Note
on How I Edit Cases.
The Second Claim Construction Order in Boston Scientific v. Cordis.
The Certificate of Correction for the 594 patent.
The patent and file history, as needed. (See 9/29).
[Not assigned, but available for reference: the docket sheet for the case. The original claim construction order is No. 298, at DOC page 81 of 119.]
The assignment is here. It was originally emailed to you on Wednesday. It is due Monday, 10/13, at 9 a.m.
INFRINGEMENT, literally and under the doctrine of equivalents.
Prosecution History Estoppel v. Prosecution History used for Claim Interpretation.
Doctrine of Equivalents: Excerpts from Graver Tank and
Warner-Jenkinson (lecture only)
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
2 p.m.: Attend Claim Construction Hearing in
Hologic v. SenoRX before Judge
Ronald M. Whyte
Courthouse: 280 South First Street, Courtroom 6, 4th Floor, San Jose, CA 95113
Directions and Parking Information (scroll to bottom of page for parking)
(April 2008 Preliminary Injunction Decision(unedited); Patents: 6,413,204 and 6,482,142.
Week 04. No written assignment.
OPTIONAL READING: Edited versions of Graver Tank (patent-in-suit) and Warner-Jenkinson (patent-in-suit). Festo will be discussed in class, too.
Students who attended the Hologic v. SenoRX claim construction argument will talk about it.
Before class, please also review all the BSC v. J&J/Cordis documents, including your own written submissions for Weeks 02 and 04.
||1 Finding a patent for the simulation project; picking teams||Grad Students: Identify equipment in your lab with a patent number on it; check out the patent.||
The assignment is here. It was originally emailed to you on Thursday. It is due Monday, 10/27, at 9 a.m.
|2. OBVIOUSNESS: KSR||KSR v. Teleflex (Supreme Court 2007) (edited and with extensive comments), or, if you prefer, KSR (edited but with almost no interlineated comments)|
|3. Obviousness and expert testimony||MuniAuction (Fed Cir. 2008), patent 6,161,099 and transcript of O'Neill testimony.|
everyone has a patent. File histories not on PAIR will need to be
||The assignment is here. It was
originally emailed to you on Thursday. It is due Monday, 11/03,
at 9 a.m.
KSR, MuniAuction, and what you wrote about them last time.
|3 Daubert: Checks on Expert Witnesses||Daubert
Ct.); Daubert on remand*
(not assigned, but there for those
* Opinion by Kozinski, J. [Fun(and even less assigned): Kozinski's Syufy Opinion (find 215 movie titles) and Syufy Rosetta Stone (1992 BYU LRev 457 (1992)(movie titles underlined).]
potential patent(s), their file histories, prior art, etc.
||The assignment is here. It was originally emailed to you on Friday. Please respond by EMAIL, no later than Monday, 11/10, at 5 p.m.|
11/3 - 11/24 - Team Meetings with RJM
for the Simulation
to read your patent and related papers.
assignment is here.
originally emailed to you on Saturday. Bring your slides on your
computer or a memory stick or email them to me by 7:15 pm for class.
||Our classroom, 256B, is available 4 pm to 10:15 pm for team meetings. The message emailed on Friday concerning required slides is here.|
TEAMS.HTM for schedule, links to patents
and file histories, etc.
See CRIT.TXT for critique assignments.