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Markman hearing amounts to a trial before the trial, complete with expert witness testimony and the introduction of excerpts from all manner of printed reference works. Most judges, however, eschew extrinsic evidence, especially the testimony of self-proclaimed experts, and limit the hearing to attorney argument. Indeed, some judges rely solely on written briefs, thus delivering the Markman decision without the hearing. However achieved either through a full, evidentiary hearing or by divining the entrails the court ultimately decides the scope and meaning of the patent claims-in-suit. At this point, patent infringement litigation rejoins the regularly scheduled legal programming. Full discovery now commences, with all its breathtaking billing opportunities for the lawyers (discovery costs sometimes run to seven figures). At the close of discovery, the impoverished but unbowed parties appear at trial, to finally be accorded their day (frequently a week or two) in court. Total time elapsed from the filing of the complaint to entry of a verdict: at least nine months, most often about two to three years. It is not uncommon, however, for a case to drag on for four years or more (for further reading, see the case of Jarndyce v. Jarndyce described in the novel Bleak House by Charles Dickens).

It will propose some models that could aid understanding and collaborative working And it will be argued that, because of the practical reality of the law s power and authority, which is re-enforced by the courts, psychologists should adapt their perspectives and approaches to risk It will not be argued that they are somehow wrong , and therefore should change It is simply a pragmatic argument Risk inevitably involves uncertainty and value judgements Whilst it is only an exceptionally small atypical proportion of this risk decisions that will lead to litigation, the reality is that courts will pronounce upon those decisions and thereby can in uence them all So an adoption of a common perspective on risk will actually help practising psychologists, and others, to avoid unnecessary and unproductive confrontations in court proceedings It will also facilitate a more common approach in other venues.

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Laboratory notebooks are necessary for every R&D project. Each step of the inventive process should be carefully documented in a lab notebook on a daily basis and every page must be dated and witnessed by two people, other than the inventor(s).

Behavioural scientists work on risk, and risk-taking, has demonstrated the fallibility of humans risk assessments, and other decisions (eg see Janis and Mann, 1977) Unless there is urgent, practical, action to tackle or minimise the consequences of that fallibility then lawyers will nd (see below) it exceptionally easy to criticise psychologists and others professional work with clients The time has passed for simply demonstrating that risk and risk-taking are more dif cult than is often thought, and that we cannot make very good predictions of the future behaviour of individuals, despite the recent research The law and lawyers will, and should, ask more searching questions and require more rigorous analysis Expert and professional witnesses, giving evidence about risk, whether directly or indirectly, must expect more thorough and rigorous cross-examination in the future.

Figure 2-9 Addition colors of the red-green-blue tricolor system. This color display can be produced by projecting the colors of RGB color filters with three separate slide projectors on a screen as described in the text.

Just as soon as lawyers learn a little more about risk, and decision-making based on risk predictions, they will nd it very easy to make life dif cult for witnesses Their questions will often be inappropriate, in the sense that they arise from misconceptions about the nature of risk either generally or in particular contexts of professional practice, but that will not stop them being asked Ironically, however, this criticism could be to the bene t of psychology as it will help to move the focus away from unrealistically narrow conceptions and practice of risk and risk-taking..

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Many business corporations (and individual inventors) consider patents only when an invention is completed and ready to bring to market. Indeed, many prospective patentees wait until literally the last day before

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