Infringement Contentions
Infringement contentions are generally disclosed by the plaintiff to the defendant after identifying an infringing product.
The better the Infringement contentions higher the chances to prove the violation of IPR.
Infringement contentions are explanations presented to the defendant to prove that the product is infringing one or more claims of a patent that is owned by the plaintiff. The explanation presented essentially comprises a detailed presentation of evidence against each and every claim element of the plaintiff’s patent. The explanation presented contains answers for how the presented evidence is explaining a similar method as described in the claim elements.
The thing to be avoided during the preparation of infringement contentions are:-
- Using boilerplate recitation of claim language.
- Using improper cross-references.
- Mixing multiple different products and features into a single claim chart.
- Failing to identify the accused instrumentalities with specificity.
- Failing to adequately disclose doctrine of equivalents theory.
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