2013-04-124 (Week 4) RJM - IP: Sci Ev in Pat Lit - Spring 2013 1

Please take any seat you like.Put your name card in front so

the guest speaker, Alicia Frostick Shah, Esq., knows who you are.

This week's scribes for TOAs: Patrick and Chinyere Teacher's HW: Asa

2013-04-124 (Week 4) RJM - IP: Sci Ev in Pat Lit - Spring 2013 2

Today’s Agenda

• Guest: Alicia Shah, Esq. : The expert-lawyer relationship and Kruse v. Caterpillar

• Break• Rules of Evidence - what we can safely IGNORE (but

should know about)• Possible patents for the simulation• ~9:45 Adjourn

Deferred: SSI v TEK and KSR - obviousness; what we learned or wondered from the trial .

2013-04-124 (Week 4) RJM - IP: Sci Ev in Pat Lit - Spring 2013 3

Typo; Videos from 2009

Typo caught by Rob: Complaint was filed on 9/29/04 not 11/19/04, a month after the Answer was filed...

Chinyere had problems launching the videos. I didn't.Did anybody else try? What result?

2013-04-124 (Week 4) RJM - IP: Sci Ev in Pat Lit - Spring 2013 4

Videos from 2009

[That] from which the deduction is mademust be sufficiently established to have gained general acceptance in the particular field in which it belongs.

Frye Standard. Replaced by Daubert. Note: Daubert involved a contention that an anti-nausea drug given during pregnancy caused limb reduction defects. Daubert, the plaintiff, lost below on summary judgment because his experts were considered to have used methods that were not 'generally accepted.' He appealed. The Court said 'general acceptance' was not the right standard. But under the new standard, Daubert lost again.Kozinsky (of Syufi movie-decision fame) said he

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TOA Lists

on homepage, linked below date

RJM - IP: Sci Ev in Pat Lit - Spring 2013 62013-04-124 (Week 4)

You don't have to count them yourself. You don't even have to turn the page.

2013-04-124 (Week 4) RJM - IP: Sci Ev in Pat Lit - Spring 2013 7

Next WeekA. Start working in teams. For a few likely patents:

- Reformat claim 1 and another independent claim to make them easier to read, discuss, analyze, construe.

- Choose some key phrases in claim 1 and find them in the specification.

- Using the reformatted versions, compare claim 1 to the other independent claim.

B. TOA lists for 4/17 and 24: pick

B. Infringement, literal and under the doctrine of equivalents: Warner-Jenkinson.