George Mason University School of Law PATENT LITIGATION AND DISPUTE RESOLUTION. Spring Tuesdays 8:00-9:50 P.M. Classroom 329 SYLLABUS

Transcription

1 George Mason University School of Law PATENT LITIGATION AND DISPUTE RESOLUTION Spring 2013 Tuesdays 8:00-9:50 P.M. Classroom 329 SYLLABUS INSTRUCTORS Rob Shaffer Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Ave., NW Washington, D.C (202) Robert Burns Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Freedom Drive Reston, VA (571) John Williamson Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Ave., NW Washington, D.C (202) Bill Raich Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Ave., NW Washington, D.C (202)

2 PATENT LITIGATION Spring 2013 Course Materials (1) Case File (2) Selected statutes, rules, cases, and articles that may be assigned for reading during the semester. 2

3 PATENT LITIGATION (SPRING 2013) CLASS DATE STUDENT PRESENTATION FILINGS 1 JAN 15 None 2 JAN 22 Draft Complaint Draft Initial Disclosures Present Web Site Overview Present Draft Position Paper Plaintiff GGI (MASON) to Serve Complaint Wednesday, Jan. 23 Defendant AMC (Suffolk) to Serve Answer and Counterclaims Sun., Jan. 27 Parties to Serve Initial Disclosures Sun., Jan JAN 29 Draft Discovery Requests Present Revised Draft Position Paper Plaintiff to Serve Reply to Counterclaim Wed., Jan. 30 Parties to Serve Discovery Requests Sun., Feb. 3 4 FEB 5 Draft Discovery Responses Parties to Serve Discovery Responses Sun., Feb. 10 3

4 CLASS DATE STUDENT PRESENTATION 5 FEB 12 Draft Claim Chart (Infringement) Draft Motions to Compel 6 FEB 19 Draft Markman Brief FILINGS Parties to Serve Infringement and Invalidity Disclosures (Plaintiff re Infringement; Defendant re Invalidity) Sun., Feb. 17 Parties to Exchange Proposed Claim Terms to be Construed Sun., Feb. 17 Parties to Meet and Confer on Final Claim Terms to be Construed Fri., Feb. 22 by 5 pm Parties to Exchange Proposed Constructions Sun., Feb FEB 26 Continue Draft of Markman Brief Draft Reply Motion to Compel 8 MAR 5 Practice Markman Argument Review of Deposition Preparations Parties to Serve Markman Briefs Sun., Mar. 3 Markman Hearing Thursday, Mar. 7 at 9 pm (Finnegan offices at 901 New York, Ave., NW Washington, DC) MAR 12 SPRING BREAK NO CLASS 4

5 CLASS DATE STUDENT PRESENTATION 9 MAR 19 Draft Motion for Summary Judgment FILINGS Parties to Complete Two Depositions Each Sun., Mar. 24 Parties to Serve Any Motions for Summary Judgment Sun., Mar MAR 26 Draft Expert Reports (Technical, Legal) 11 APR 2 Draft Reply to Motion for Summary Judgment Draft Trial Brief, Testimony 12 APR 9 Revise Draft Trial Brief, Testimony Draft Motions in Limine Draft Jury Instructions Parties to Serve Expert Reports Sun., Mar. 31 Parties to Serve Replies to Any Motions for Summary Judgment Sun., April 7 Parties to Serve Trial Briefs; Parties to Serve Any Motions in Limine Sun., April 14 Parties to Serve Proposed Jury Instructions Sun., April 15 (midnight) 13 APR 16 Draft Demonstrative Exhibits Trial Preparation Parties to Serve Demonstrative Exhibits Fri., April 19 (noon) Parties to Serve Responses to Any Motions in Limine Thurs., April 18 (midnight) 5

6 CLASS DATE STUDENT PRESENTATION FILINGS 14 SAT., APR 20 (9:00 am - 5:00 pm) TRIAL WASHINGTON, DC 6

7 DUE DATES 1. Plaintiff (GMU LAW) to Serve Complaint JAN Defendant (SUFFOLK LAW) to Serve Answer and Counterclaims JAN Plaintiff to Serve Reply to Counterclaim JAN Parties to Serve Initial Disclosures JAN Parties to Serve Discovery Requests FEB 3 6. Parties to Serve Discovery Responses FEB Parties to Serve Motions to Compel (If Any) No set due date 8. Parties to Serve Infringement & Invalidity Disclosures (Plaintiff re Infringement; Defendant re Invalidity) FEB Parties to Exchange Proposed Claim Terms to be Construed FEB Parties to Meet and Confer on Final Claim Terms to be Construed FEB 22 (by 5 pm) 11. Parties to Exchange Proposed Constructions FEB Parties to Serve Markman Briefs MAR Markman Hearing (video conference) MAR 7 (9:00 pm) 14. Parties to Complete Two (2) Depositions Each MAR Parties to Serve Any Motions for Summary Judgment MAR Parties to Serve Expert Reports MAR Parties to Serve Responses to Any Motions for Summary Judgment APR Parties to Serve Trial Briefs (If Requested) APR Parties to Serve Any Motions in Limine APR Parties to Serve Proposed Joint Jury Instructions APR 15 (midnight) 7

8 21. Parties to Serve Demonstrative Exhibits APR 19 (noon) 22. Parties to Serve Responses to Any Motions in Limine APR 18 (midnight) 23. Motions Hearing APR 20 (DC) 24. Trial APR 20 (DC) 8

9 Local Rules 1.0 All service to be made by 10:00 p.m. on date due (unless otherwise noted). 2.0 All service to opposing counsel to be made via , with copies to and 3.0 Depositions limited to two (2) each side, one hour limit each (taking party to provide transcript in five (5) days). 4.0 Interrogatories limited to five (5) each side, counting subparts. 5.0 No requests for admission permitted. 6.0 No expert depositions permitted. 7.0 Markman hearing by video conference, 30 minutes per side. 8.0 No damages discovery permitted (damages issues bifurcated). 9

10 Assignments Web Master 1 Lead Counsel Plaintiff (x3) 2, 3, 4 Position Paper AMC Witness #1 E F AMC Witness #2 Answer and counterclaim Dispute Resolution Letter to Client Initial Disclosures Discovery Requests, Responses, and Motions to Compel Markman Proposed Claim Terms and Constructions Claim Chart (infringement) Take Deposition 1 Take Deposition 2 Defend Deposition 1 Defend Deposition 2 Plaintiff Witness 2 Technical Expert Patent Expert Summary Judgment Brief F G H I J K, L M N O P Q R S T U V 10

11 Demonstrative Exhibits Motions in Limine Jury Instructions Lead Counsel (Defendant) W X Y Z 11