IP: Scientific Evidence in Patent Litigation Week 3 Amy Sam Patrick Nicolaj Waqas Ram Tim Jamie Amanda Chris Corinne Kevin Dave RJM Whiteboard DOOR 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

Seating Order – Previous Weeks Patrick Nicolaj Tim Waqas Ram Week 2 – BSC v. Cordis - columns Corinne Dave Sam Amy Kevin Jamie Chris Amanda RJM Amanda Nicolaj Amy Waqas Tim Week 1 – Ordinary Patents + comments Kanu Kevin Sam Patrick Chris Dave Jamie Corinne Ram RJM 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

RJM - IP: Sci Ev in Pat Lit - Winter 2012 Today’s Agenda Simulation Schedule Continuations, etc. Acer v. TPL – claim charts, claim interpretation, formatting claims, Judge Ware, etc. BSC v. Cordis Next week’s Agenda 6:25 Good bye. (Tomorrow: back to court) . Break ~5:20 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

Simulations – Three Teams Tuesday, 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. 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

Simulations – Three Teams One 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. 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

RJM - IP: Sci Ev in Pat Lit - Winter 2012 Continuations, Etc. 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

Simulations – Three Teams File Application Receive 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 Amendment 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

RJM - IP: Sci Ev in Pat Lit - Winter 2012 Th Fri Amanda Y NM Amy Y Y Chris N N Corinne Y* Y Dave Y* M Jamie Y Y Kevin Y* Y* Nicolaj Y N Patrick Y Y Ram Y Y Sam Y Y Tim NY N Waqas Y Y Roberta Y Y 9 8 Field Trip * means does not need a ride. Van only holds 10 passengers. 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

AI C&C PO Major Issues of Liability in Patent Law Validity How do BOP and QOP affect the litigators and scientific experts? WHO HAS THE BOP? WHAT IS THE QOP? AI C&C Validity Infringement PO Preponderance 2009 - Sci.Ev. - rjm Week 01 9 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

Claim Interpretation and File Histories As 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 expert 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

BSC v. Cordis - File Histories In 10 minutes, decide how you’d spend *2 hours* grappling with a file history. Who gave the best advice about what to do…. Let’s look carefully at the parent file history What’s on pdf page 85? What about page 84? And let’s compare these important pages to what you get in a filewrapper that’s been scanned by the PTO. 7983848 To see file histories go to public PAIR on the USPTO cite. in TWO HOURS??? 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012

RJM - IP: Sci Ev in Pat Lit - Winter 2012 Next Week KSR 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 01/19/2012 RJM - IP: Sci Ev in Pat Lit - Winter 2012