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All Autumn 2009 Courses - Details

Scientific Evidence and Expert Testimony: Patent Litigation
Course Number: 343-0-01 Morris 3 Units
This seminar will explore the way scientific evidence is presented in patent litigation, where the science is complicated but not itself in dispute.
Half the class will be law students who already are familiar with US patent law. The other half will be doctoral candidates from the sciences and engineering who have completed their required coursework.
In a patent suit, the parties' scientific 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 consider relevant patent law and expert testimony law and will examine materials from actual cases to understand better what patent litigation entails and why expert testimony is needed. Next, the law and graduate students will work together to select patents for their final simulation projects. Working collaboratively in small teams and meeting regularly with the instructor, the students will prepare a claim chart and identify an issue that gives each side's experts a reasonable position on either validity or infringement. Students will then be assigned a client, either patent owner or accused infringer, and will prepare demonstratives (powerpoint) and both direct and cross examination testimony. At the end of the term, the teams will perform their simulations before panels of practicing patent lawyers.
The course will be mandatory pass/fail. To pass, students must: submit every written assignment on time; participate in all class meetings and team meetings with intelligence and adequate preparation; attend all the final simulations and perform in one as an expert or attorney.
More information about the requirements for passing will be posted at
This course is cross listed with the Medical School (Same as Genetics 243).
Meeting Times:
W 16:15-19:15 256B
Calendar: Quarter Calendar
Enrollment: Consent - Max Enrollment 16
Grading system: Mandatory Pass
Elements used in grading: Class participation, attendance, assignments. Performance in final simulation project (and attendance at other students' simulation projects), including all the preliminary work that performing well entails.
Type of exam: None
Specific graduation requirements met: Professional Skills,Writing
Special instructions, rules or deadlines: None

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