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All Autumn 2010 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 infringement litigation. Unlike other tort suits and criminal law, patent cases involve science that, complicated though it may be, is not itself in dispute. This affects the interplay of lawyer and expert.

Half the class will be law students who are familiar with US patent law. The other half will be doctoral candidates from the sciences and engineering who have completed their required coursework.

Patent 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 few weeks, the class will consider the law and trial documents in patent cases where experts have testified.

Next, students will work together to find patents for their final simulation projects. Those patents must be commercialized but not litigated. Working collaboratively in small teams and meeting regularly with the instructor, the students will identify a balanced issue on either validity or infringement and will prepare claim charts for each side. In the last weeks, the students will choose sides, draft Q&As for both direct and cross examination, and prepare demonstratives (powerpoint). The simulations will be performed before 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 as an expert or attorney.

This course is cross listed with the Medical School (Same as Genetics 243).

Further information about the course and the consent form can be found on the course website: http://www.stanford.edu/~rjmorris/
Meeting Times:
M 16:15-19:15 256B
Calendar: Quarter Calendar
Enrollment: Consent - Max Enrollment 16
Grading system: Mandatory Pass
Elements used in grading: 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 as an expert or attorney.
Type of exam: None
Specific graduation requirements met: Professional Skills,Writing
Special instructions, rules or deadlines: None



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