1. RJM - Sci Ev Seminar - Fall 2010
Today’s Agenda
Tyco – What happened today, what will happen Wednesday.
Challenges to Expert Testimony: Daubert, MEMC, PharmaStem
Simulation Projects – Where you are, where you are going
10/25/10
RJM - Sci Ev Seminar - Fall 2010

2. RJM - Sci Ev Seminar - Fall 2010
Tyco Trial
Who attended today
Lawyers: Darrell
Experts: Brett, Keya, Jing, Lieven, Shenghan, Zubin
Daniel (2nd half only)
What happened
Why no testimony was taken
Motions/admissibility rulings
Introduction to damages law
10/25/10
RJM - Sci Ev Seminar - Fall 2010

3. RJM - Sci Ev Seminar - Fall 2010
Daubert
Before Daubert,
expert testimony in FEDERAL COURTS was admissible
if the methodology employed by experts
in forming their opinions was
‘generally accepted in the relevant scientific community.’
This was known as the Frye standard.
Frye v. US, 293 F (DC Cir. 1923)
Daubert (509 US 573 (1993)) threw Frye out for FEDERAL COURTS. Except sometimes.
Key concepts:
relevant scientifically valid
reliable applicable to facts
[NOT prejudicial]
10/25/10
RJM - Sci Ev Seminar - Fall 2010

4. RJM - Sci Ev Seminar - Fall 2010
Reading a Patent
Remember, in a variation on famous words from 1992:
IT’S THE _______
STUPID.
CLAIM
10/25/10
RJM - Sci Ev Seminar - Fall 2010

5. RJM - Sci Ev Seminar - Fall 2010
MEMC and PharmaStem
CLAIM LANGUAGE OF INTEREST:
MEMC: “axially symmetric” and “substantially free of agglomerated intrinsic point defects”. Claim construction on phrase 2: “a concentration of agg. defects that is less than the detection limit of these defects...”
PharmaStem: “in an amount sufficient to effect hematopoietic reconstituion of a human adult”
You split about evenly between which was more unfair.
Reasons for your choice? (Random 3 for each side)
MEMC: Will, Jane, Miling
PharmaStem: Zubin, Josh, Keya
Lessons
for Experts: Lieven, Jing for Lawyers: Norm, Darrell
MEMC is more unfair: Will, Jane, Miling, Shenghan, Jing, Darrell, Tosin
PharmaStem is more unfair: Daniel, Josh, Zubin, Keya, Norm, Lieven, Li, Zac
7 MEMC, 8* PharmaStem
10/25/10
RJM - Sci Ev Seminar - Fall 2010

6. Simulations – TEAMS. HTM rev 5
Team Lawyers Experts Patent FH
11-15
A. Jumanji Norm%, Jane* Josh, Miling 6,628,382 TH on PAIR
B. (ZL) Zac*, Zubin Li, Lieven ,515,719 Received
11-16
WWJD Wyatt*, Will Daniel%, Jing 6,035,015 TH on PAIR
[Allowed on 1st OA]
11-29
Dockets Darrell, Keya* Tosin, Shenghan 6,498,854 Ordered
Meeting Times
Taken: Wednesday, 10/20, 3:30 to 4:15 - ZZLL
Tuesday, 10/26, 3:30 to 4:30 - WWJD
Thursdays, 10/28, 11/4, 11/11, 3 to 4 - ZZLL
Open:
Day = 8 to 5. Evening = done by 10 pm.
Week of 10/18: Tuesday day, Wednesday day or evening,
Sunday day.
Week of 10/25: Tuesday, afternoon or evening. Wednesday,
day or evening. Thursday day or evening except 10:30 am to 1 pm.
Friday to Sunday, day only. Happy Halloween.
Week of 11/01: Tuesday to Sunday, day or evening.
Week of 11/08: Tuesday and Thursday to Sunday, day or
evening. Wednedesday, until 4 pm only.
5:30 pm
8:00 pm
7:00pm? [or 6:30 or 7:30]
7:00pm? [or 5:30 on, 8:00 latest]
10/25/10
RJM - Sci Ev Seminar - Fall 2010

7. RJM - Sci Ev Seminar - Fall 2010
Next Week
Presentations on your patent and your legal issue
Tyco - debriefing
Q&A about legal issues
Q&A about simulations and critique assignments
10/25/10
RJM - Sci Ev Seminar - Fall 2010