Claim Chart
Claims Charts are used to illustrate how a real-world product or service is allegedly infringing a patent claim. Patent infringement must be proven by showing that the product or service infringes each and every element of the asserted claims.
Specifically, demonstrating an alleged unpermitted use is a textual and graphical comparison of the claims and the potentially infringing use. Because claim charts navigate the features of the product or service using claim terms, the explained potential infringement is often referred to as a “mapping.”
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Claim Charts are generally built to guide and drive the impending litigation. While the depth of the investigation and detail of the mapping can vary for any requested claim chart, the demonstrated infringement is intended to be the backbone of a potential patent case. In this case, calling a claim cart “litigation-ready” indicates that there is a high level of support in the patent specification and in the documentation of the targeted use case, but it does not typically mean it’s the streamlined version to be shown to the judge or jury.
A “two-column” claim chart focuses on consistently mapping each claim element to a feature of the allegedly infringing product or service along with a citation to where that evidence can be found.
A “three-column” claim chart includes element-by-element cited support from the patent’s specification that explains the interpretation of one or more of the claim terms and corroborates the rationale of why the cited evidence actually does demonstrate that claim element.
If a Claim Chart has a “gap” in the mapping, the alleged infringement is not truly demonstrated. As documentation and manuals may be limited, reverse engineering and testing may be required to fill in those one or more “gaps.” Until the presence of the element can be demonstrated by RE, testing, or uncovered documentation, the claim chart will have to articulate a rationale for inferring that the element is actually present in the product or service.
We work with the client and counsel to produce Claim Charts that demonstrate a likely case of infringement and aims to leave no claim element unmapped without a proper plan to complete the mapping.
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