The document provides an overview of the U.S. Constitution and government. It was created in 1787, ratified in 1788, and replaced the Articles of Confederation. It represents a compromise between the Virginia Plan favoring large states and the New Jersey Plan favoring small states. The Bill of Rights was added in 1791. The Constitution established the executive, legislative, and judicial branches and delineated various powers. It has been amended over time, including amendments addressing individual rights.

2.  Created in 1787,
ratified in1788.
 Replaced Articles of
Confederation
 Represents
compromise between
Virginia Plan (big
states) and NJ Plan
(small states)
 Bill of Rights – 1791
 Promise made during
ratification

3. Art. II. – Executive
Branch
Art. II. – Executive
BranchArt. I. - LegislatureArt. I. - Legislature
Art. III - JudiciaryArt. III - Judiciary Art. IV – States
Powers
Art. IV – States
Powers
Bill of RightsBill of Rights

4. Art. I, Sec. 8, Cl. 8: “The Congress shall have the power…
To Promote the Progress of Science and the useful Arts by
securing for limited times to Authors and Inventors the
exclusive right to their respective writings and discoveries.”
Art. I, Sec. 8, Cl. 8: “The Congress shall have the power…
To Promote the Progress of Science and the useful Arts by
securing for limited times to Authors and Inventors the
exclusive right to their respective writings and discoveries.”
Art. 1, Sec. 8, C. 3: “The Congress shall have the power …To
regulate commerce with foreign nations, and among the
several states, and with the Indian tribes;”
Art. 1, Sec. 8, C. 3: “The Congress shall have the power …To
regulate commerce with foreign nations, and among the
several states, and with the Indian tribes;”
Am. 1: Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the
press; or …..
Am. 1: Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the
press; or …..
Am. 4: The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, ….
Am. 4: The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, ….

6. State Governments
State
Constitution
Judicial
Courts
Legislative
Legislature
Executive
Governor
Administrative
Agencies
Municipal &
Other Const.
Agencies

7.  1000s of bills considered annually
 1)Introduction (sponsor)
 2)Committee/Subcommitte Action/Voting
 Public hearings, markups, etc.
 3)Report
 4)Floor Action, Debate, Voting
 5)Referred to Other Chamber
 Conference Committee
 6)Vote

8.  Congressmen and women receive information
from lobbyists and other interested parties
 Listen to constituents
 Bills an contain numerous laws, so horse-
trading can occur
 Example: Patent Reform Bills of 2005, 2006,
2007 and 2008

9.  Patent Act (1952)
 Copyright Act (1976)
 DMCA (1998)
 Lanham Trademark Act (1946)
 Federal and State Freedom of Information Acts
 State Privacy Statutes

10.  Federal: (1) Federal subject matter (U.S. Const.,
or Federal Law), or (2) suits between citizens of
different states involving a dispute over a
certain threshold ($75,000)
 States: Everything else.
 Ex) contract dispute (Mi. cit. v. Mi. Cit, $100k)
 Ex) patent litigation (Mi. cit. v. Mi. cit., $100M)

11. U.S
Supreme Court
U.S District Courts
U.S. Court of Federal Claims
State Supreme
Court
State Appellate
Courts
Trial Courts
Municipal Courts
Appeal

13. -Courts housed in buildings with other federal offices
-”Chambers” include Judge, administrative assistant, 2-3 law clerks, court reporter,
court room deputy
-150-400 active cases at any time
-30% criminal; 70% civil
-5-20 trials a year, but active daily schedule

14.  Federal Judges – lifetime appointment from
president
 Appellate Court’s review all cases sent to them,
but not the Supreme Court
Dist. Ct. Ruling
App. Ct.
Sup. Ct.
1% of
petitions
granted
1% of
petitions
granted
1% of all filed
cases go to trial
1% of all filed
cases go to trial
Panel (3) or en
banc
Panel (3) or en
banc

15.  Court is bound by Mandatory Authority
 E.g., cases from a higher-court in jurisdiction
 Often, no Mandatory Authority directly “on
point”
 Court consults Persuasive Authority
 E.g., cases from higher-courts in other jurisdictions,
cases from “horizontal” courts, secondary authority
 E.g., Judge St. Eve in N.D. Ill.

16. Judge St. EveJudge St. Eve
2d Circuit2d Circuit
Supreme
Court
Supreme
Court
7th
Circuit7th
Circuit
Other N.D.
Ill. Court
Other N.D.
Ill. Court
C.D. Cal.C.D. Cal.S.D. N.Y.S.D. N.Y.
9th Circuit9th Circuit

17. Court will look to see
how other cases
interpreted and
applied the law to
similar facts.

18.  Specialty Court for Patent Cases
Sup. Ct.
Fed.Cir.1st 3rd2nd 11th…
District Courts District Courts
Sup. Ct.
Pre Fed.Cir. Post Fed.Cir.

19. Initial Pleadings:
Complaint, Answer,
Counter Complaint,
Motions to Dismiss,
Transfer, Lack of
Jurisdiction
Initial Pleadings:
Complaint, Answer,
Counter Complaint,
Motions to Dismiss,
Transfer, Lack of
Jurisdiction
Pre-filing
Activity
Pre-filing
Activity
Fact Discovery:
Depositions,
Documents,
Interrogatories,
Inspections, Disputes,
eDiscovery
Fact Discovery:
Depositions,
Documents,
Interrogatories,
Inspections, Disputes,
eDiscovery
Expert Discovery:
Technical Experts,
Damages Experts,
Liability Experts,
Reports,
Depositions
Expert Discovery:
Technical Experts,
Damages Experts,
Liability Experts,
Reports,
Depositions
Summary
Judgment
Briefs and
Arguments
Summary
Judgment
Briefs and
Arguments
Pre-trial:
Motions in
Limine, Exhibit
and Witness
Lists, Jury
Instructions
Pre-trial:
Motions in
Limine, Exhibit
and Witness
Lists, Jury
Instructions
Trial:
Opening,
Fact and
Expert
Witnesses,
Closing
Trial:
Opening,
Fact and
Expert
Witnesses,
Closing
Post-trial
Motions
Post-trial
Motions
Appeal:
Briefs
and
Hearing
Appeal:
Briefs
and
Hearing

20.  Average IP case takes over 2 years to trial
 Districts vary: “Rocket dockets” v. slow dockets
 Average patent case costs over $5M to trial
 What does all this mean?