Roberta J. Morris
Lecturer, Patent Law
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TEACHING
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Spring 2013
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Former Students,
STANFORD
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Former Students, MICHIGAN
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The Scientific Evidence
seminar is offered in Spring 2013. The course
website is here.
The course description is here.
The consent form is here.
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Students
in
previous
years' Scientific Evidence Seminars: the course
websites are here: 2006,
2007, 2008, 2009, 2010 and
2012.
Students in the Spring 2007 IP Survey: The course
materials have disappeared from courseworks.
Please
contact
me if you need something.
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Students
in
Advanced Patent Law, Fall 2005, click here
for the course website, or here
for the seminar description.
Students in Patent Law, Winter 2004, click here
for the course website if you remember the username and
password; contact me if you don't.
Students from 1991 to 2003, please contact me for past
course materials.
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Some
syllabi for past courses may be found here.
My teaching philosophy in one page, prepared for the
Washburn Best Law Teachers Study, is here.
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I set
up the Morris's
Michigan Patent Students (MMPS) group a long time
ago. It is for my former students. These days
both "Michigan" and "patent" are often honored in the
breach. The group gets about 10 messages a year,
but/and is a good way for you to find each other without
involving Google or Facebook. Email me,
rjmorris@stanford.edu, if you think you are entitled to
join.
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- April 2012: Speaker, "A Child's Guide to the Myths and
Legends of Patent Law," OPLA Meeting, Salishan, OR, April
2012 (slides)
- May 2011: Stanford Seminar for IP Judges from the
People's Republic of China: Moderator, Patenting
Software and Business Methods. Handout.
- January 2011: Stanford Law Review Symposium on The
Future of Patents: Bilski and Beyond, Moderator of
Panel on Law and Policy. Handout.
- September 2010: ICLE (Michigan) 3rd Annual IT Law
Seminar: The Supreme Court Decides Bilski (handout; slides)
- April 2010: Speaker, "The
Richness and Poorness of the Rich Legacy (Written Description,
Possession and Other Fables)," WSPLA/OPLA Meeting
on April 16-18, 2010; handout;
slides
- February 2010: Commentator, Stanford
Techology Law Review Symposium on PTO Reform, Stanford Law
School
- January 2010: Welcome/Introduction of keynote session, Law.gov
Workshop,
Stanford Law School
- October 2009: Speaker, ICLE
(Michigan) 2nd
Annual Information Technology (IT) Law Seminar, "Patenting
Business Methods and Software." (Written materials, as submitted
to ICLE, are here. Slides,
including ARS data, are here.)
- September 2008: Speaker, Tech Transfer and Patent Law,
Stanford University School of Medicine Genetics Department
Retreat
- Fall 2006 to present: Founding Member, Women's Meeting
on Patent Law (bimonthly lunch club)
- Spring 2004: Patent law expert witness, contract arbitration,
Michigan
- April 2003: Speaker, Saginaw Valley Patent Law
Association, "Best Mode: Thoughts on Eli Lilly v. Barr,
and then some." (Slides are available here.)
- September 2002: Guest Lecturer in Michigan Engineering Prof.
Debasish Dutta's Mechanical Engineering 590 course on Global
Product Realization, Ann Arbor (and webcast to Seoul, Korea;
Berlin, Germany; and Oxford, England)
- April 2002: Keynote Speaker, Chi Epsilon Banquet, Department
of Civil and Environmental Engineering, University of Michigan,
Ann Arbor
- February 2002: Featured Speaker,
Practising Law Institute, "Patenting the New Business Model,"
New York City (also February 2001 (NYC), June 2000 (San
Francisco) and February 2000 (NYC)). Written materials are
available on Westlaw, 609 PLI/Pat 95; cartoon ("The Perils of
RISC Architecture") is here.
- October 2001: Guest Lecturer in Michigan Engineering Prof.
Debasish Dutta's Mechanical Engineering 590 course on Global
Product Realization, Ann Arbor (and webcast to Seoul, Korea and
Oxford, England)
- March 2001: Featured Speaker, Advanced Computer and Internet
Law Institute, Georgetown University Law Center, Washington,
D.C. (Handout)
- December 2000: Panelist, CIO's Symposium: Copy 'RIGHTS' @ the
University of Michigan, Ann Arbor
- November 2000: Guest Lecturer in Michigan Engineering Prof.
Debasish Dutta's Mechanical Engineering 590 course on Global
Product Realization , AnnArbor (and webcast to Seoul, Korea and
Delft, Holland)
- September 1998: Featured Speaker, Copyright Session,
Intellectual Property Law Section of the State Bar of Michigan,
Annual Meeting, Lansing, Michigan
- March 1998: Speaker, Sow's Ear Workshop, How to Keep
Educational Fair Use from Getting an F (draft
paper)
- August 2012: Lair of the Golden Bear, Week 9, Blue
Revue: How I
Became a Lair Camper + The Camp Blue Exercise Rap
- May-June 2012: Various Roles, The Pear Avenue Theatre's
production of Pear Slices 2012 (See reviews here
and here)
- March 2011: Forensic Expert Witness Association, Experts
and Lawyers: A Marriage Made in Heaven (or Elsewhere)?,
including discussion of new Rule 26 F.R. Civ. P. Slides.
- July-August 2010: San Mateo County Board of Supervisors
Meetings: speaker on the costs, both financial and
societal, of depriving residents in artificially small Mail
Ballot Only Precincts of a neighborhood polling place, when the
sole explanation for those precincts' boundaries is historical
accident
- June-July 2010: "Dolly," The Pear Avenue Theatre's
production of Adam Bock's The
Shaker Chair (Ann Kuchins, director), Mountain View, CA
(see San
Jose Mercury review)
- July 2009: San Mateo County Board of Supervisors hearing
on Palo Alto Way Crosswalk Removal: speaker in opposition
- May 2009: "Lady Wishfort," The Pear Avenue Theatre's
production of Congreve's
The Way of the World (Rebecca Ennals, director), Mountain
View, CA (see reviews by Palo
Alto
Weekly ,
KQED and
Palo Alto Daily News.
- October 2008: "Emma," Northside Theatre Company's
production of Joe DiPietro's Over the
River and Through the Woods (Susannah Greenwood,
director), San Jose, CA
- April 2008: "Grandma Gellman," Theatreworks' production
of
Caroline,
or
Change, book and lyrics by Tony Kushner, music by Jeanine
Tesori (Robert Kelley, director), Mountain View, CA
- February 2007: San Mateo County Board of Supervisors
hearing on Palo Alto Way Crosswalk Removal: speaker in
opposition
- Summer 2005: Coordinator, Michigan Law's
Fawley Summer Supreme Court Series, Ann Arbor
- June 2003: Honorable Mention, Current Magazine's Fifth Annual
Fiction and Poetry Contest, for "Crocuses"
(poem)
- June 2002: Honorable Mention, Current Magazine's Fourth Annual
Fiction and Poetry Contest, for "The
Recycled
Bridegroom" (short story)
- Fall 2001: Founder, Law and Histrionics Workshop, University
of Michigan Law School (a short-lived experiment)
- June 1999: Honorable Mention, Current Magazine's First Annual
Fiction and Poetry Contest, for "Clothes"
(poem).
- June 1999: "Cookie," Ann Arbor Civic Theater's production of
Rumors by Neil Simon, Ann Arbor
***
- 2007 - Present: Blog postings on
http://myunpublishedworks.blogspot.com (List below)
- February 2011: Amicus Brief in Microsoft v. i4i (Supreme Court).
Complete brief as filed (.pdf). Table of
Contents only (.docx
). Also, on my blog
is a
combined pdf of all the parties' and amici's briefs' cover
sheets and tables of contents, as a guide to who said what.
- September 2010: Comments submitted to the USPTO
concerning process claims and Bilski:
"Comments to the Interim Guidance for
Determining Subject Matter Eligibility for Process Claims In
View of Bilski v. Kappos,
75 FR 43922, July 27, 2010" (.pdf
available on uspto.gov website)
- April 2010: Materials for WSPLA/OPLA talk on
Written Description, Ariad,
etc. (see Speeches above)
- October 2009: Materials for 2nd Annual IT Seminar, ICLE
(Michigan), "Patenting Software and
Business Methods" (see Speeches for
additional links)
- October 2009: Amicus Brief in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company
(Fed. Cir. No. 2008-1248) Brief in
Support of Neither Party, Urging Attention to the Grammatical
Structure and Words of 35 USC 112 P 1
- April 2008, Amicus Brief
filed with the Federal Circuit in In re Bilski, also
available at 2008 WL 1842256, 2008 U.S. Fed. Cir. Briefs LEXIS
27 and 2007 U.S. Fed. Cir. Briefs 1130
- April 2007, "Thoughts on Patent-Bashing, Obviously" doc or pdf,
Intellectual Property Today. Concerns the sociology of
patent litigation and scholarship, in general, and KSR v.
Teleflex, in particular, shortly before the Supreme Court
decision).
- 2005, Patent Law for Scientists and Engineers, Avery
N. Goldstein, ed. Chapter 1, "Anatomy of a Patent," and Chapter
3, "Inventor Actions that can Jeopardize Patent Rights."
- March and May 2005, Comment in response to Copyright Office's
Notice of Inquiry Concerning Orphan Works (70 FR 3739,
1/26/05),
http://www.copyright.gov/orphan/comments/OW0652-Morris.pdf
, and Reply,
http://www.copyright.gov/orphan/comments/reply/OWR0089-Morris.pdf.
- August 8, 2003, Letter to the Editor, The New Yorker. The
letter comments on an article by James Surowiecki in the issue
dated July 14&21, 2003, discussing business method
patents. Surowiecki states that "[State Street] did away with that principle
[that] a business method was considered to be an idea ... and
ideas of this sort were not patentable." A longer version
submitted on July 21 as a Department of Correction/Amplification
article is here.
- Fall 2002, "International Jurisdiction and Enforcement of
Judgments in the Era of Global Networks; Irrelevance of, Goals
for, and Comments on the Current Proposals," with Jonathan
Franklin, 77 Chi.-Kent L.Rev. 1213 (Symposium on Constructing
International Intellectual Property Law: The Role of National
Courts).
- June 2001, "An Open Letter to the Supreme Court Concerning
Patent Law," Journal of the Patent and Trademark Office Society
(83 JPTOS 438; errata 83 JPTOS 683). For the whole
article, click
here. For an all-ascii version of the passage from Warner-Jenkinson
discussed in that article, click here.
- May 2001, "Some
Data about Patents in Class 705", Intellectual Property
Today.
- June 2000, Materials submitted for PLI Handbook, Patenting the
New Business Model, "Business Method Patents: Old or New, Good
or Bad?" (.doc version
of wp5.1 paper; conversion may lead to some weirdness; cartoon not included in the .doc).
See Speeches, above. The
paper is also available on Westlaw at 609 PLI/Pat 95)
- Spring 1996, "Whom Do You Trust," (a commentary on the
Michigan Document Services case and educational fair use),
co-author Johnathan A. Franklin, available at http://fairuse.stanford.edu/primary_materials/cases/michigan_document_services/oped.html
.
- April 2013 Damages
and Trolls - A Loophole in the Marking Statute - 01
- February 2013 A
Great Idea That's Never Been Tried - The Patent System
- August 2011 Advice to a Young Would-Be Patent Scholar (this is
a series; it begins here)
- April 2010 Great
Quotes
01 - Dicta in the Federal Circuit, Lourie in Ariad v. Nichols in Railroad Dynamics
- March 2010 Examining
Patentable
Subject Matter [PTO Reform Ideas 02], thoughts inspired by
the STLR
Symposium
- March 2010 Introduction
of
series on STLR-inspired thoughts
- October 2009 An
Urgent
Letter and Time Sensitive Proposal to PTO Director David
Kappos, concerning the [then] upcoming oral argument in Bilski
v. Kappos and how it would be in the best interests of the
Patent Office to have that argument NOT take place and to have
the Supreme Court NOT rule on the 101 issue (patentable subject
matter).
- October 2009 Federico's
Commentaries
should be posted on uspto.gov
- September 2009 "Mark
Twain
on Patents and Inventions": David Kappos, new PTO
Director, just quoted Twain on the need for good patent laws,
and it reminded that my first encounter with that quotation had
led me to the Autobiography of Mark Twain, and Mr. Clemens'
personal experience as a venture capitalist.
- February 2009 Application
Form
for Position of PTO Director ; a copy of the Application
Form is also available here)
- February 2009 Claim
Construction and Burdens of Proof, concerning Kinetic
Concepts v. Blue Sky, (Fed. Cir. 2/2/09) and pointing out
that close questions of claim construction might be resolved
better by considering the burden of proof for the issue which
gives rise to the dispute over the meaning of claim language.
- April 2008 My Amicus Brief in Bilski
- March 2007 Forum
Shopping
and MedImmune, SanDisk, and patent DJs: Where is the F
word in MedImmune and SanDisk? [F for FORUM, as in forum
shopping and choice of forum]
- May 2007 The
Missing
V-Word in KSR v. Teleflex : VACATED: The Supreme
Court does not care that vacated and reversed are not the same
thing: on remand, even the Federal Circuit is confused about
what they'd done
- 2009-Present - Blog Postings (on myunpublishedworks2
except for Sept.
2009) (list below)
- January, 2009, The New York Times, Letter
to
the Editor, concerning Bob Herbert, "Where the Money
Is" (Jan. 12)
- November 2008, The New York Times, Letter
to
the Editor, concerning “Study Finds Many Doctors Often
Give Placebos” (news article, Oct. 24)
- July 2006, "From Ann Arbor to Stanford: What I'll Miss and
What I Won't," Ann Arbor Observer
- August 2002, "A Door to Nowhere," Ann Arbor Observer
(concerning a vestigial door in the law school library's reading
room)
- May 2001, "Where Else?" (poem), Dicta: The Law School Literary
Journal, University of Michigan Law School
- December 2000, "A View from the Bridge," Ann Arbor Observer
(concerning the new railings installed on the Huron Parkway
Bridge)
Blog Postings NOT about Patent Law
***
Courses Taught at Stanford Law, 2006-present
Seminar in Scientific Evidence and Expert Testimony: Patent
Litigation: 2006-present
Introduction to Intellectual Property: 2007
Courses Taught at Michigan Law, 1991-2005
Patent Law: 1991, 1993, 1995, 1998, 2000, 2002, 2004
Protection of Technology (second half of semester): 1996
Copyright: 1993, 1994, 1995
Seminar in Advanced Patent Law: 1998-2003, 2005
Seminar in Internet Issues in Intellectual Property: 2001
Seminar in International Patents and Copyrights: 2003
Writing and Advocacy (Acting Director, Legal Writing Program):
1992-93
***
Original Slides and Drawings
(A selection of single slides and drawings I created between
1990 and the present. If I reuse them, I often revise
them. Earlier versions may be available by request.)
***
Community Activities
- Platelet/Blood Donor, 1988-present
- Poll Worker, San Mateo County, 2007-present
- Occasional Citizen Speaker at meetings of the Board of
Supervisors, San Mateo County, 2007-present
Last modified April 21, 2013 - rjm