EVIDENCE OF USE (EoU)
What is a claim chart?
A claim chart is a visual representation of evidence showing how each claim limitation has been implemented by an infringing product or service. While formatting can vary, at a minimum a claim chart lists all relevant claim limitations in one column, and provides evidence (such as screenshots or text from product marketing material, developer documentation, FAQs, videos, network tests and/or photographs of the product or teardowns of the product) in another column against each of the claim limitations.
Great claim charts, such as those made by Copperpod, also provide detailed analyst comments explaining how the evidence shows that the charted product or service implements the claim limitation, and annotations highlighting the most important portions of the cited evidence.
Claim charts are an essential artifact during any patent enforcement or licensing campaign, as it articulates the infringement theory in an easy to understand and difficult to refute format. Moreover, claim charts may evolve throughout a campaign, as new evidence is discovered during fact discovery, and the infringement positions become consolidated pre-trial.
Copperpod analyzes technology products to identify key evidence of patent infringement. Our EoU reports help attorneys articulate, evaluate and negotiate patent infringement disputes - and form the basis for the overall patent monetization campaign for the client.
Whether it is enterprise software, consumer electronics or medical devices, our experts bring the right expertise and the right resources to unearth key evidence to form the best patent infringement theory. We work with clients throughout the case so that our evidence of use reports, claim charts and patent infringement contentions consistently align with the case facts.
When Claim Charts Do More Harm Than Good For Patent Litigation and Licensing
Based on an analysis of 200+ cases spanning the last decade, this article provides instances when their claim charts actually do more harm than good in forming, advocating and ultimately proving the patent infringement position in the case.