SwimTime, Corp. v. Water-Fun, Inc.
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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 .
Table of Contents
Plaintiff's Witness List
Defendant's Witness List
CASE MATERIALS AND EXHIBITS
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
'517 Patent Prosecution History
Water–Fun Predecessor Product