What does the search mean?
Infringement Contention refers to the document disclosed by the plaintiff to the defendant specifying the product that is infringing certain claims of the patent. This infringement contention document is created to clarify to the defendant how the product infringes one or multiple claims of the patent owned by the plaintiff. The document comprises evidence of infringed claim elements of the plaintiff’s patent. The evidence should have clearly explained how the product is similar to infringing claim elements.
Challenges Faced [by the lawyer if he wants to do infringement contention himself]
Different challenges can be faced by an individual while trying to perform infringement contention.
- Lack of Resources: The infringing product/process needs to be verified clearly which causes the analyst to analyse the product/process thoroughly using multiple resources. However, it may be difficult for an individual to have access to multiple resources which may lead to unverified or partially verified data.
- Time-Consuming: The verification of data related to the product/process is time-consuming as one needs to analyse the product/process from scratch. So, it may not be very efficient for an individual like a lawyer, to perform the verification.
Our methodology
The methodology followed by our company in infringement contention is as follows:
- A detailed understanding of the patent (to clearly understand the invention)
- Determining the working of the Product or process (that is infringing the patent)
- Identifying the similarities between the product/Process and the patent.
- Ascertaining the evidence to be present clearly or presented under the doctrine of equivalents.
- A detailed report is then created along with the mapped evidence, providing claims that are being infringed by the product.
How LogicApt adds Value?
Our company has helped multiple law firms and attorneys to build high-quality Infringement contention charts. Our technical team is efficient and capable of providing strong legal arguments related to the infringement.
We help to create the infringement contention document that provides detailed information regarding the infringing product/process. We provide relevant claim elements that are infringed by the product/process and after ascertaining the evidence present clearly or presented under equivalents of doctrine, the claim elements are mapped along with the evidence to make sure that the defendant can understand how their product is infringing the patent.
Our team reviews every possible aspect of technical elements presented in the Infringement contentions report.
FAQ for Infringement Contention
- Why infringement contention is necessary?
The infringement contention is a document that explains clearly how the product/process infringes certain claim elements of the plaintiff’s patent. To let the defendant understand how the product/process infringes the patent, the infringement contention must be detailed and self-explanatory. The better the Infringement contentions, the higher the chances to prove the violation of IPR.
- What are the things that need to be avoided while preparing infringement contention?
The thing to be avoided during the preparation of infringement contentions:
- Using boilerplates 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 the doctrine of equivalents theory.
