When Claim Charts Do More Harm Than Good For Patent Litigation and Licensing
What is a Claim Chart? - Claim Chart (infringement contention) is one of the most important component in a patent infringement case and is often a legal requirement as per most US District Courts’ local patent rules. Claim charts serve the purpose of giving the Defendants notice of the infringement read, on a limitation-by-limitation basis and eventually become the basis (and exhibits) for the infringement expert report(s) in the case – undergoing multiple iterations as discovery proceeds in the case and new facts are uncovered.
Yet, not all claim charts are born equal – and courts have on several counts punished plaintiffs for not meeting their burden of proof in their claim charts. On even more counts, plaintiffs have found themselves restricted and cornered due to missteps taken ri