SwimTime, Corp. v. Water-Fun, Inc.

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Case File + CD :Softbound, 340 pages
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ISBN: 9781601565013
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Fierce competition is a fact of life in the business world, but making a buck off someone else's patented invention is one idea that just won't float. When SwimTime notices that a longtime competitor's floating lounger bears striking resemblance to its own top-selling pool float, it files suit against Water-Fun for patent infringement.

In its debut as NITA's very first case file on patent law, SwimTime Corp. v. Water-Fun, Inc., written by Administrative Patent Judge Ryan H. Flax, with the United States Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), is a civil trial for patent infringement and defenses to these allegations, including invalidity and non-infringement. Students will dive deep into this complex litigation, starting first with the complaint stage and moving onto discovery, patent claim construction (known as the Markman hearing stage), summary judgment, and finally trial. Each side features three witnesses, including two technology experts who address infringement and validity, and the accompanying CD-ROM displays the exhibits in full color.

SwimTime familiarizes students not only with the challenges inherent to patent litigation and basic trial preparation in the modern, high-tech courtroom, but also to the importance of case presentation and the use of demonstrative evidence to persuasion in this sink-or-swim environment.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com .

Authors / Contributors

Table of Contents

CONTENTS

ACKNOWLEDGEMENTS

INTRODUCTION

CASE SUMMARY

INSTRUCTIONS
      Plaintiff's Witness List
      Defendant's Witness List

STIPULATIONS

CASE MATERIALS AND EXHIBITS
      Complaint
      Answer
      Statement of Eric(a) Flax
      Statement of Morgan Miller
      Statement of Glenn Berenson
      Statement of Barry Kim
      Claim Terms for the Court's Construction
      Court's Order Construing Claims
      Plaintiff's Expert Report on Infringement
      Defendant's Expert Report on Invalidity
      Defendant's Responsive Expert Report on Non-Infringement
      Plaintiff's Responsive Expert Report on Validity
      Plaintiff Summary Judgment Motion: Issues Raised
      Defendant's Summary Judgment Motion: Issues Raised
      Court's Order on Cross-Motions for Summary Judgment

FEDERAL AND NITA STATUTES
      Federal Patent Act
           35 U.S.C. § 101
           35 U.S.C. § 102
           35 U.S.C. § 103
           35 U.S.C. § 112
           35 U.S.C. § 271

      E.D. Nita Local Patent Rules
           P.R. 1—Infringement Contentions
           P.R. 2—Invalidity Contentions

PROPOSED JURY INSTRUCTIONS

JURY VERDICT FORM

OTHER MATERIALS
      Berenson Email
      '517 Patent Prosecution History
      Water–Fun Predecessor Product
      Flax Email
      Demonstratives