| This seminar will explore the use of scientific evidence in cases where the science is complicated but not itself in dispute. The major emphasis will be on patent infringement litigation. The parties' experts have two different tasks: the obvious one is to explain the science to the judge and jury, the less obvious one is to help the litigators determine which legal issues to argue at all. Thus, both the lawyer and the scientist must educate the other about their specialties.
For the first part of the term, the class will review relevant patent law and expert testimony law. After that, the law and graduate students will work together to select patents for their final simulation projects. Working collaboratively, the students will prepare claim charts and devise a design-around, creating a situation that gives each side adequate room for argument. All students will then be assigned a client, either patent owner or accused infringers. As adversaries, they will present short oral arguments (law students) and summaries of expert declarations (grad students) for a Markman claim construction hearing. In the final weeks of the term, the students will play the roles of litigators and witnesses in simulations of expert testimony. The judges will be practicing patent litigators and patent professors.
Special Instructions: Prerequisites: Law students: You should have knowledge of patent law from a course or a clerkship. Grad students: You need not have any knowledge of patent law, but should feel comfortable with the role of expert and have completed your course work in your department.
Law Students will follow the Law School's autumn semester calendar and receive 3 semester units. Grad Students will follow the University's autumn quarter schedule and will receive 3 quarter units.
Consent application: Law Students can obtain the application form from the Registrar's Office, room 100. Graduate students can obtain the application form at http://www.stanford.edu/~rjmorris/consent07.doc, or by email to rjmorris@stanford.edu.
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