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LAW Intellectual Property: Scientific Evidence in Patent Litigation

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LAW 343

Intellectual Property: Scientific Evidence in Patent Litigation

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[ Litigation ] [ Academia ] [ Regulatory & Policy ] Litigation/ADR: Tort Litigation

Why it is relevant for ...

[ Litigation ] as a Key Elective : The ability to use evidence at trial, whether witnesses, documents or illustrative evidence, is key for any litigator. Scientific Evidence and Expert Testimony explores the use of scientific evidence in cases where the science is complicated but not itself in dispute. This can frequently be the case in medical malpractice or other torts cases.

[ Academia ] as a Key Elective : The ability to use evidence at trial, whether witnesses, documents or illustrative evidence, is key for any litigator. Scientific Evidence and Expert Testimony explores the use of scientific evidence in cases where the science is complicated but not itself in dispute. This can frequently be the case in medical malpractice or other torts cases.

[ Regulatory & Policy ] as a Key Elective : The ability to use evidence at trial, whether witnesses, documents or illustrative evidence, is key for any litigator. Scientific Evidence and Expert Testimony explores the use of scientific evidence in cases where the science is complicated but not itself in dispute. This can frequently be the case in medical malpractice or other torts cases.

General course Description:

(Same as GENE 243). 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 an 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.

Course Style: An Experiential course is one in which students undertake tasks derived from or akin to those done by practicing lawyers.

Course Frequency: Offered once a year

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