Scientific Evidence and Expert Testimony:  Patent Litigation
Fall 2007 Prof. Morris

- Last modified 9-21-07 at 8:45 a.m.

Q. Class is listed as being 4:15 to 7:15 Wednesdays. Will we really meet
every week for 3 hours?

A. No. Most weeks we will have classroom sessions for 2 hours.
We will very likely meet on a few Wednesdays for longer than two hours
as follows:
-- the last two weeks, when the simulations are
performed (11/28 and 12/05);
-- possibly also the session with oral arguments on summary
judgment motions (tentatively scheduled for 11/14).

There will also be a few weeks with an extra meeting (at a mutually convenient
time) or with no Wednesday meeting so that you (and I) can
1) attend a patent trial or Markman hearing in San Francisco or San
Jose where a live expert is testifying, and we will do that on whatever day
and at whatever time (most likely starting at 9 or 9:30 a.m.) that an
appropriate case is in session. (Students with conflicts due to other
courses or work will be exempt, but I hope as many of you as possible will
be able to attend);
2) meet by teams or one-on-one to discuss your patent, its file
history, the most plausible design around, and the issues that are
presented most clearly by all of that. These conferences will last as long
as they need to. They will be scheduled at a mutually convenient time so
that everyone can attend; and
3) perform (or observe, as the case may be) all your simulations:
due to the number of students in class, we may prefer to hold four
simulations sesssions rather than two.

Q. Which class meetings are for only law students or only grad students?
A. Law Students ONLY: Weeks 1 and 2, because the grad students'
quarter does not begin until week 4.
Grad Students ONLY: The first half hour (ONLY) of week 4.

Q. What happens on 9/19?
A. There will not be formal class meeting in week 3, because the law
students have flybacks and the grad students' quarter will not yet have
begun. Students who wish to meet with Prof. Morris individually may do
so by requesting an appointment.

Q. Will the class meet straight through from 4:15 to 6:15?
A. No. We will have a short break after 55 minutes. Snacks (healthy
or otherwise, as democracy dictates) will be provided.

Q. Whom would Prof. Morris like to thank?
A. Prof. Morris would like to thank:
Deans Kramer and Kelman, for conceiving of the course,
bouncing ideas around, and, last but not least, making it happen.
Litigators Norm Beamer, Emily Evans, Ron Shulman, and Bob Morgan,
for transcripts and exhibits.
The various deans at the University of Michigan Law School,
and Prof. Rebecca Eisenberg, always a brilliant, wise and
gracious colleague, who gave me the chance to teach patent law
and various seminars at Michigan from 1991 to 2005.
My excellent patent students at Michigan, for stimulating
discussions, insights, and challenges, and, after their graduation, for
continued correspondence to keep me at the cutting edge.
My 2006-7 seminar and IP survey students at Stanford, for
their hard work, enthusiasm, ideas, creativity and all around smarts.
My mentors and colleagues, Allen Krass, John Posa and Dan Gantt,
for communicating their joy in patent law, both prosecution (AK and JP)
and litigation (DG), and for knowing the answer to every question, or
at least being willing to debate it with me.
My mentors at Fish & Neave 1986-1990, including especially
Al Fey who told me about the old cases, such as Barbed
Wire, Lyon v. Boh ("antlike persistency") and Tilghman v.
and most importantly
Eric Woglom, who with Doug Gilbert's able assistance,
tried to teach me all of patent law in two afternoons in April 1986. I
still think in terms of my notes from those marathons.