Scientific Evidence in Patent Litigation
Lec. Roberta J. Morris
05/03/13 rev 0 rjm
ASSIGNMENT FOR WEEK 6
|MONDAY, 05/06/13, 11:59 pm PST*||1. Answer the questions about
2. Answer the questions about the 4 not-infringed and the 4 yes-anticipated claims of the '581 patent.
05/08/13, 10 am (no extensions)
student answer I send you Tuesday morning. Additional
instructions will be in the email.
1. Warner-Jenkinson (edited decision is DOCS/WARNJENK.PDF, also DOCS/WARNJENK.DOC for ease of cutting and pasting)
A. Select a quotation from the court's words, not mine. The quotation should be no more than 12 words. Use "..." to shorten longer quotes. Give the page:column cite. You can choose the quote for any reason at all (love, hate, bemusement, confusion, etc.) but the quote should have some relationship to patent law. Explain in a short paragraph why you chose it.
B. Select a different passage, one that raises a question in your mind, from either the decision or the commentary. Quote the passage. Use ellipsis to keep it from being too long but this time I leave it to you to decide what is "too long." Give the page:column citation. State your question. Speculate on a possible answer and then discuss why you might be wrong. Use an appropriate label for each of the four parts of your answer to B: Quote; Question; Answer?; Wrong?
Subject line for your email: YOURNAME - QUOTE'S KEY WORD OR PHRASE using the quote you chose for A. The key phrase should be no more than 3 words.
2. Proving Infringement and Invalidity
The verdict form in SSI v. TEK, relevant portions reproduced in slide 5 of the 5/1/13 powerpoint, shows that four claims were found not to be infringed and a different four were found yes to have been anticipated. Using the patent, study the claims that survived these challenges and the claims that did not, and decide what element was present (or absent, as the case may be) that made the difference. (These are referred to as elements Z and Q in slides 6 and 7.)
Note regarding collaboration (slide 5): Please work alone or with no more than one other person. If you choose to work with someone, say who it is in the subject line.
Subject line: YOURNAME(S) - ELEMENT Z - ELEMENT Q (Please substitute your guess for the elements using language from the patent claims; don't write "element z" in your subject line!) If you work with someone else, you only have to email one response for the two of you.
If you are curious about the jury's questions, add SSI_JURYQS.PDF to the course homepage URL.