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

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1 George Mason University School of Law PATENT LITIGATION AND DISPUTE RESOLUTION Spring 2014 Tuesdays 8:00-9:50 P.M. Classroom 329 SYLLABUS INSTRUCTORS Robert F. Shaffer Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Ave., NW Washington, D.C (202) Robert L. Burns Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Freedom Drive Reston, VA (571) John M. Williamson Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Ave., NW Washington, D.C (202) William B. Raich Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Ave., NW Washington, D.C (202) Luke McCammon Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Ave., NW Washington, D.C (202)

2 PATENT LITIGATION Spring 2014 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 2014) CLASS DATE STUDENT PRESENTATION FILINGS 1 JAN 14 None 2 JAN 21 Draft Complaint Draft Initial Disclosures DJ Plaintiff AMC (MASON) to Serve Complaint Sun., Jan. 26 Present Web Site Overview Present Draft Position Paper 3 JAN 28 Present Revised Draft Position Paper Draft Discovery Requests DJ Defendant GGI (SUFFOLK) to Serve Answer and Counterclaims Sun., Feb. 2 Parties to Serve Initial Disclosures Sun., Feb. 2 Parties to Serve Discovery Requests Sun., Feb. 2 3

4 CLASS DATE STUDENT PRESENTATION 4 FEB 4 Draft Discovery Responses FILINGS Plaintiff to Serve Reply to Counterclaim Wed., Feb. 5 Parties to Serve Discovery Responses Sun., Feb. 9 5 FEB 11 Draft Claim Chart (Invalidity) Review Discovery Responses Parties to Serve Infringement and Invalidity Disclosures (Plaintiff re Infringement; Defendant re Invalidity) Sun., Feb. 16 Parties to Exchange Proposed Claim Terms To Be Construed Sun., Feb FEB 18 Draft of Markman Brief Draft Motions to Compel Parties to Meet and Confer Final Claim Terms to be Construed Fri., Feb. 21 by 5 p.m. Parties to Exchange Proposed Constructions Sun., Feb. 23 Serve Motions to Compel Sun., Feb. 23 4

5 CLASS DATE STUDENT PRESENTATION 7 FEB 25 Continue Draft of Markman Brief Draft Reply Motion to Compel 8 MAR 4 Practice Markman Argument Review of Deposition Preparations FILINGS Parties to Serve Markman Briefs Sun., Mar. 2 Serve Reply to Motion to Compel Sun., Mar. 2 Markman Hearing Thur. Mar. 6 at 9 PM (Finnegan offices at 901 New York Ave., NW, Washington DC 20001) MAR 11 SPRING BREAK NO CLASS 9 MAR 18 Draft Motion for Summary Judgment Parties to Complete Two Depositions Each Sun. Mar. 23 Parties to Serve Any Motions for Summary Judgment Sun. Mar MAR 25 Draft Expert Reports (Technical, Legal) Parties to Serve Expert Reports Sun., Mar. 30 5

6 CLASS DATE STUDENT PRESENTATION 11 APR 1 Draft Reply to Motion for Summary Judgment Draft Trial Brief, Testimony FILINGS Parties to Serve Replies to Any Motions for Summary Judgment Sun., Apr. 6 Parties to Serve Trial Briefs; Parties to Serve Any Motions in Limine Sun., April 6 12 APR 8 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 13 Parties to Serve Proposed Jury Instructions Sun., April APR 15 Trial Preparation Draft Demonstrative Exhibits Parties to Serve Witness Lists Wed. Apr. 16 (midnight) Parties to Serve Demonstrative Exhibits Fri. April 18 (noon) Parties to Serve Responses to Any Motions in Limine Fri. April 18 (noon) 6

7 CLASS DATE STUDENT PRESENTATION FILINGS 14 SAT. APR. 19 (9:00 am - 5:00 pm) TRIAL BOSTON, MA 7

8 DUE DATES 1. DJ Plaintiff (GMU LAW) to Serve Complaint JAN DJ Defendant (SUFFOLK LAW) to Serve Answer and Counterclaims FEB 2 3. Plaintiff to Serve Reply to Counterclaim FEB 5 4. Parties to Serve Initial Disclosures FEB 2 5. Parties to Serve Discovery Requests FEB 2 6. Parties to Serve Discovery Responses FEB 9 7. Parties to Serve Motions to Compel (If Any) FEB 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 21 (by 5 pm) 11. Parties to Exchange Proposed Constructions FEB Parties to Serve Markman Briefs MAR Markman Hearing (video conference) MAR 6 (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 6 8

9 20. Parties to Serve Proposed Joint Jury Instructions APR Parties to Serve Demonstrative Exhibits APR 18 (noon) 22. Parties to Serve Witness List APR 16 (noon) 23. Parties to Serve Responses to Any Motions in Limine APR 18 (midnight) 24. Motions Hearing APR 19(Boston) 25. Trial APR 19 (Boston) 9

10 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). 10

11 Assignments Web Master Lead Counsel Plaintiff (x3) Position Paper AMC Witness #1 AMC Witness #2 DJ Complaint Dispute Resolution Letter to Client Initial Disclosures Discovery Requests, Responses, and Motions to Compel Markman Proposed Claim Terms and Constructions Claim Chart (invalidity) Take Deposition 1 Take Deposition 2 Defend Deposition 1 Defend Deposition 2 Plaintiff Witness 2 Technical Expert Patent Expert A B C D E F G H I J K, L M N O P Q R S T U Summary Judgment Brief 11 V

12 Demonstrative Exhibits Motions in Limine Jury Instructions W X Y 12