2008 - sci.ev. - rjm week 01 1 scientific evidence and expert testimony: patent litigation law 343...
TRANSCRIPT
2008 - Sci.Ev. - rjm Week 01 1
Scientific Evidence and Expert Testimony: Patent Litigation
LAW 343
Prof. Roberta J MorrisRoom 208 Crown Quad
Course Materials on the Web:http://www.stanford.edu/~rjmorris/sciev.08/
andhttps://coursework.stanford.edu/portal/site/F08-LAW-343-01
Email Group [email protected] (maybe)
2008 - Sci.Ev. - rjm Week 01 2
Today’s Agenda
•Who We Are What We Will Do in this Seminar
• Review of Patent Law
• Your answers to- law students questionnaire- the object-or-case patent assignment
Next Week: Claim charts, File history and transcript, and some recent hot case you may have missed
2008 - Sci.Ev. - rjm Week 01 3
Who Are You?Handout - Student and Auditor List
Introduce Yourselves
•What should we know about you that is on your resume?
•What should we know that is not on your resume?
•Whose side are you on: PO or AI?Other Questions You May Answer - Why are you here? - Did you take calculus in high school?
- How did you choose that unassigned book you last read?
2008 - Sci.Ev. - rjm Week 01 4
What You Will Do in this Seminar
• Grading by Contract• Weekly Comments:
Better Late than Never?Better Late than Never?
• Schedule/Syllabus – short form of assignments (also next to last tool, lefthand side, on coursework)
• Attending real live examination and cross-examination of an expert. Looking less good than I hoped…
• Simulations• 8:15: Looking at another students work; Snack (healthy or
not or both?)
2008 - Sci.Ev. - rjm Week 01 5
What You Will Do in this Seminar
NOrequired.
Better Late.than Late That’sNever? BetterNever
2008 - Sci.Ev. - rjm Week 01 6
What You Will Do in this Seminar
• Grading by Contract• Weekly Comments:
Never late. That’s required.
• Schedule/Syllabus – short form of assignments (also next to last tool, lefthand side, on coursework)
• Attending real live examination and cross-examination of an expert. Looking less good than I hoped…
• Simulations• 8:15: Looking at another students work; Snack (healthy or
not or both?)
2008 - Sci.Ev. - rjm Week 01 7
Introduction/Review of patent law
Most recent version: Genetics Department Retreat 9/18/08Original: early 1990s. On transparencies.
Other interesting information:The next patent the PTO will issue will be 7,426,753. Last week the PTO issued 1989 utility patents, 12 Reissues
(35 USC 251+), 35 Plant Patents (35 USC 161+) and 400 Design Patents (35 USC 171+) (2435 total)
Last year for the same week (9/18/2007) the PTO issued 2992 utility patents, 12 Reissues, 35 Plant Patents, and 499 Design patents (3540 total).
In the year ending 9/16/2008, the PTO issued 154,893 utility patents.
2008 - Sci.Ev. - rjm Week 01 8
Introduction/Review of patent law
Our Law Students’ Knowledge (admittedly on short notice and without adequate time to do much research)
During the break, look over one law student’s answers, even if you’re a grad student. Come up with one question to ask your lawyers.
2008 - Sci.Ev. - rjm Week 01 9
Validity
Infringement
AI
Preponderance
C&C
PO
WHO HAS THE
BOP?
WHAT IS THE QOP?
How does this affect you, the litigator, as you work with a scientific expert?
2008 - Sci.Ev. - rjm Week 01 10
Your Patented Objects/Cases
Our findings, questions and assumptions.
During the break, look over someone else’s answer to the find-a-patent assignment.
2008 - Sci.Ev. - rjm Week 01 11
Reading a Patent
Why choose a patent whose number appears on something you can buy?
How do you read a patent?
Always ask: who wants to know?
PO, PAppl, AI, VCtheir commonalities, differences and priorities
2008 - Sci.Ev. - rjm Week 01 12
Reading a Patent
• AI – to design around– to challenge validity or enforceability
• PAppl – – to disclose and claim around – to see if you should buy/license it
• M&A – to evaluate an asset• PO – to evaluate whether you can sue within the
bounds of Rule 11
2008 - Sci.Ev. - rjm Week 01 13
P-I-S v P.A.Situation A
Patent-in-suit = NEWPrior Art Patent = OLD
Situation BPatent-in-suit = OLDPatent on accused device = NEW
Is the New patent valid over the Old patent?
Is the Old patent infringed by someone practicing the New patent?
New Patent Look at New's CLAIMS Look at New's SPECIFICATION
Old Patent Look at Old's SPECIFICATION (what it "teaches")
Look at Old's CLAIMS
2008 - Sci.Ev. - rjm Week 01 14
Later This Week?
The Rambus v. Hynix and 100s of others trial started today in San Jose. If a scientific expert is testifying Thursday or Friday, would you come? I’ll try to find out tomorrow morning.This COULD be the only trial between now and December in San Francisco or San Jose. Applera v. Illumina, scheduled to start next Monday, has been continued by the judge until the end of October or November. Medtronic v. WLGore is also scheduled for mid November.
There are claim construction hearings that might include expert testimony, but no other full trials.
2008 - Sci.Ev. - rjm Week 01 15
Next Week
Making Claim ChartsReading File Histories for
- ideas for design arounds/noninfringement arguments- ideas for invalidity arguments- questions for which experts would be needed
Testimony – Reading Transcripts