HOFSTRA-FALL 2014-PATENT LAW 2921-PROF. JOSEPH RICHETTI (phone: ; e mail:

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1 HOFSTRA-FALL 2014-PATENT LAW 2921-PROF. JOSEPH RICHETTI (phone: ; e mail: joe.richetti@bryancave.com) (Tuesday, 8:10 am to 10 am) ROOM: KOPPL 0014 TEXT: PATENT LAW AND POLICY: CASES AND MATERIALS SIXTH EDITION #1 8/26/14 ASSIGNMENTS GENERAL DISCUSSION OF INTELLECTUAL PROPERTY WHAT IS A PATENT General Overview - Read pp , 24-26, 49-55, Sample Patent - pp #2 9/2/14 STATUTORY SUBJECT MATTER Read pp , , , , , including the following cases: Diamond, Bilski, Gottschalk, Diehr 1. Mayo Collaborative Services v. Prometheus Laboratories, Inc., 2. CLS Bank Int'l v. Alice Corp., 3. Association for Molecular Pathology, et al. v. Myriad Genetics, Digitech Image Techs., LLC v. Electronics for Imaging, Inc., 2014 U.S. App. LEXIS INVENTORSHIP Read pp , , including the following cases: Burroughs Wellcome, Ethicon, Inc. 1

2 UTILITY Read pp , , including the following cases: Juicy Whip, and In re Brana. #3 9/9/14 DISCLOSURE - Enablement/Written Description Read pp , including the following cases: The Incandescent Lamp Patent. Read pp , including the following cases: Gentry Gallery, Inc, Ariad (en banc). Oil. DISCLOSURE - Definiteness/Best Mode Read pp , including the following cases: Orthokinetics, Inc., Standard Handout: Nautilus, Inc. v. Biosig Instruments #4 9/16/14 Read pp , , , including the following cases: In re Robertson, Schering Corp., National Tractor Pullers Ass n, Rosaire, and In re Klopfenstein. #5 9/23/14 Read pp , , , , , including the following cases: Campbell, Brown, Dow Chemical, and In re Moore. #6 09/30/14 Read pp , , , , , , , including the following cases: Pennock, Egbert, Pfaff, City of Elizabeth, Lough, Baxter International, and, W.L. Gore. 2

3 #7 10/7/14 NONOBVIOUSNESS Read pp , , , , including the following cases: Graham, KSR, In re Winslow, Hazeltine, and In re Clay. #8 10/14/14 INFRINGEMENT - Claim Interpretation/Literal Infringement Read pp , , , including the following cases: Phillips, Markman, and Cybor. 1. Akamai v. Limelight 2. Lighting Ballast Control LLC v. Philips Electronics N.A. Corp. (En banc) #9 10/21/14 INFRINGEMENT - DOCTRINE OF EQUIVALENTS Read pp , including the following cases: Winans, Festo Corp. Warner-Jenkinson Co.,,, Johnson and Johnston (en banc) #10 10/28/14 INDIRECT AND JOINT INFRINGEMENT/WILLFUL INFRINGEMENT Read pp , including the following cases: Aro Manufacturing, C.R. Bard, Inc., Global-Tech, Brown, Microsoft, In re Seagate. 1. DSU Medical, 2. ACCO v. ABA Locks and Belkin, 3

4 3. Commil USA, LLC v. Cisco Sys., Inc. (good-faith belief of invalidity can be evidence of no inducement) #11 11/4/14 INEQUITABLE CONDUCT Read pp , including the following cases: Therasense, Inc. v. Becton, Dickinson & Co. LACHES/EQUITABLE ESTOPPEL Read pp , including Symbol EXHAUSTION/FIRST SALE DOCTRINE Read pp , including Quanta Handout: Monsanto Co. v. Bowman (patent exhaustion and sale) #12 11/11/14 REMEDIES - Money Damages/Injunction Read pp , , , , , including the following cases: Ebay Inc., Lucent, Panduit Corp., Rite-Hite Corp., Grain Processing Corp., and State Industries. #13 11/18/14 PATENT MARKING Read pp POST GRANT PROCEDURES INCLUDING REEXAMINATION REISSUE, POST GRANT REVIEW, AND INTER PARTES REVIEW Read pp , including Rodime. #14 11/25/14 LAST CLASS - REVIEW FOR FINAL AND HOT TOPICS 4

5 Attendance & Lateness You are expected to arrive on time and prepared for each class. Moreover, the rules of the New York State Court of Appeals and the American Bar Association require law students to be in good and regular attendance in the courses for which they are registered. To comply with these rules, you must attend at least 85% of the regularly-scheduled classes in this course. Thus, you may miss no more than two classes in this two-credit class. I will provide dated sign-in sheets for each regularly-scheduled class. Your signature (or lack thereof) on these sheets shall presumptively determine your attendance at (or absence from) any given class. Each student is individually responsible for signing the attendance sheet in. Falsification of sign-in sheets (by, for example, signing another student s name) is a violation of the Code of Academic Conduct. If you exceed the permitted absences by not attending class, or by failing to sign in, you will be administratively withdrawn from the course. Any such withdrawal may have serious ramifications for your financial aid, academic standing, and date of graduation. If you are excessively absent from several classes, you may face additional sanctions, including but not limited to denial of certification of good and regular attendance to the New York State Board of Law Examiners, or other state bar examiners. The Office of Student Affairs has authority to excuse class absences for religious reasons and in cases of truly compelling hardship. If you wish to claim a particular absence as excused, and thus not counted against your maximum number of allowable absences, you must take that issue up with the Office of Student Affairs. Grading Your final grade shall be based upon a final examination. The final examination will be closed-note and closed-book, however, you will be provided with portions of selected patent statutes. The exam will consist of several essay questions totaling 100 points. It will be graded anonymously. You will earn a letter grade for the course (from A to F ) that corresponds to your score on the final exam given the parameters set by the Law School s mandatory grading curve. I reserve the right to increase your letter grade by one increment (e.g., from a B to a B+ ) on account of your in-class performance throughout the semester. and Office Hours If you have any questions or concerns, please contact me using my phone and provided above. If you would like to meet to discuss anything in person, please let me know and we can arrange to meet before, or after class. 5