George Mason University School of Law PATENT LITIGATION AND DISPUTE RESOLUTION. Spring Tuesdays 8:00-9:50 P.M. SYLLABUS INSTRUCTORS
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1 George Mason University School of Law PATENT LITIGATION AND DISPUTE RESOLUTION Spring 2016 Tuesdays 8:00-9:50 P.M. SYLLABUS INSTRUCTORS William B. Raich 901 New York Ave., NW Washington, D.C (202) Robert F. Shaffer 901 New York Ave., NW Washington, D.C (202) Luke McCammon 901 New York Ave., NW Washington, D.C (202) Robert L. Burns Freedom Drive Reston, VA (571) Susan Y. Tull 901 New York Ave., NW Washington, D.C (202)
2 PATENT LITIGATION Spring 2016 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 2016) CLASS DATE STUDENT PRESENTATION FILINGS 1 JAN 12 None 2 JAN 19 Draft Complaint Present Web Site Overview DJ Plaintiff AMC (GMU) to Serve Complaint Sun., Jan. 24 Present Draft Position Paper 3 JAN 26 Present Revised Draft Position Paper Draft Initial Disclosures Draft Discovery Requests DJ Defendant GGI (SUFFOLK) to Serve Answer and Counterclaims Sun. Jan. 31 Parties to Serve Initial Disclosures Sun. Jan. 31 Parties to Serve Discovery Requests Sun. Jan FEB 2 Draft Discovery Responses Draft Reply to Counterclaim Plaintiff to Serve Reply to Counterclaim Wed., Feb. 3 Parties to Serve Discovery Responses Sun., Feb. 7 3
4 CLASS DATE STUDENT PRESENTATION 5 FEB 9 Draft Claim Chart (Invalidity) Review Discovery Responses 6 FEB 16 Draft of Markman Brief Draft Motions to Compel FILINGS Parties to Serve Infringement and Invalidity Disclosures (Plaintiff re Infringement; Defendant re Invalidity) Sun., Feb. 14 Parties to Exchange Proposed Claim Terms To Be Construed Sun., Feb. 14 Parties to Meet and Confer Final Claim Terms to be Construed Fri., Feb. 19 by 5 p.m. Serve Motions to Compel (if necessary) Sun., Feb. 21 Parties to Exchange Proposed Constructions Sun., Feb FEB 23 Continue Draft of Markman Brief Draft Reply Motion to Compel 8 MAR 1 Discuss Markman Argument Review of Deposition Preparations Parties to Serve Markman Briefs Sun., Feb. 28 Serve Reply to Motion to Compel Sun., Feb. 28 Markman Hearing Thur. Mar. 3 at 9 PM (Finnegan offices at 901 New York Ave., NW, Washington DC 20001) 4
5 CLASS DATE STUDENT PRESENTATION FILINGS MAR 8 SPRING BREAK NO CLASS 9 MAR 15 Draft Motion for Summary Judgment Parties to Complete Two Depositions Each Sun. Mar MAR 22 Draft Expert Reports (Technical, Legal) Parties to Serve Any Motions for Summary Judgment Sun. Mar. 27 Parties to Serve Expert Reports Sun., Mar MAR 29 Draft Reply to Motion for Summary Judgment Draft Trial Brief, Testimony Parties to Serve Replies to Any Motions for Summary Judgment Sun., Apr APR 5 Revise Draft Trial Brief, Testimony Draft Motions in Limine Draft Jury Instructions Parties to Serve Trial Briefs; Parties to Serve Any Motions in Limine Sun., April 10 Parties to Serve Proposed Jury Instructions Sun., April 10 5
6 CLASS DATE STUDENT PRESENTATION 13 APR 12 Trial Preparation Draft Demonstrative Exhibits FILINGS Parties to Serve Witness Lists Wed. Apr. 13 (midnight) Parties to Serve Demonstrative Exhibits Fri. April 15 (noon) Parties to Serve Responses to Any Motions in Limine Fri. April 15 (noon) 14 SAT. APR. 16 (9:00 am - 5:00 pm) TRIAL BOSTON, MA 6
7 DUE DATES 1. DJ Plaintiff (GMU LAW) to Serve Complaint JAN DJ Defendant (SUFFOLK LAW) to Serve Answer and Counterclaims JAN Parties to Serve Initial Disclosures JAN Parties to Serve Discovery Requests JAN Plaintiff to Serve Reply to Counterclaim FEB 3 6. Parties to Serve Discovery Responses FEB 7 7. Parties to Serve Infringement & Invalidity Disclosures (GGI re Infringement; AMD 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 19 (by 5 pm) 10. Parties to Serve Motions to Compel (If Any) FEB Parties to Exchange Proposed Constructions FEB Parties to Serve Markman Briefs FEB Parties to Serve Reply to Motions to Compel FEB Markman Hearing (video conference) MAR 3 (9:00 pm) 15. 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 10 7
8 21. Parties to Serve Proposed Joint Jury Instructions APR Parties to Serve Witness List APR 13 (midnight) 23. Parties to Serve Demonstrative Exhibits APR 15 (noon) 24. Parties to Serve Responses to Any Motions in Limine APR 15 (noon) 25. Motions Hearing APR 16 (Boston) 26. Trial APR 16 (Boston) 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
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