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All Spring 2013 Courses - Details

Intellectual Property: Scientific Evidence in Patent Litigation
Course Number: 343-0-01 Morris 3 Units
This seminar will explore the role of scientific experts in patent infringement litigation. The class will have a mix of law students and doctoral candidates from the sciences and engineering. The law students must have some familiarity with United States patent law from classes or work experience. The graduate students must have completed their required coursework and have TGR status.
In other areas of the law where scientific experts are used -- medical malpractice, environmental law, criminal law -- the science itself is often in dispute. In patent cases, however, the parties generally agree on the science. This affects the relationship between the lawyer and the expert and the substantive content of their interactions.
Patent experts need to be able to explain science to the judge and jury, of course. But they also must help the litigators to choose which legal issues to press and which to concede, and to be aware of how the complications of the science might help, hurt, obscure or reveal how the law should be applied to the facts. Thus, both the lawyer and the scientist must educate the other about their specialties.
For the first several weeks, the class will examine judicial decisions and trial documents involving scientific evidence in patent litigation. The rest of the quarter is largely devoted to work on the final projects: simulations of expert testimony in a patent case. Students will work together in teams and will meet regularly with the instructor in order to: select suitable patents; identify a balanced issue on either validity or infringement; prepare claim charts and materials for testimony; and give short, illustrated talks to inform their classmates about their projects. Finally, they will choose sides (patent owner or accused infringer) and finetune their presentations. The simulations will be performed at the end of the quarter before panels of practicing patent lawyers.
In this seminar, students work collaboratively. Everyone's good faith, energy and intelligence affect everyone else. Students must do high quality, timely, and thorough work every week in order to receive a grade of P. More information about the course requirements will be linked on the course homepage, at To apply for this course, students must complete the Consent Application Form that will be available on the course homepage by Friday, February 22, 2013 (4:00pm).
This course is cross listed with the Medical School as GENE 243.
Meeting Times:
W 19:15-22:15 Swig
Calendar: Quarter Calendar
Enrollment: Consent - Max Enrollment 16
Grading system: Honors-Pass
Elements used in grading: Class participation, attendance, written assignments and simulation project performance.
Type of exam: None
Specific graduation requirements met: Professional Skills,Professional Writing,Writing
Special instructions, rules or deadlines: Writing (W) credit is for 2L, 3Ls only. Law students: Familiarity with United States patent law from classes or work experience. Graduate Students: TGR Status.

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