Infringement Contentions
When pursuing patent litigation against a targeted defendant, the plaintiff must have a well defined and consolidated strategy for maximizing the strength of the plaintiff case. In the early days following the filing of the lawsuit, the focus should be on: identifying the asserted claims and preparation of detailed infringement contentions.
For example, at Citius Minds, we help plaintiffs lay the strategic groundwork for the best chance of prevailing in patent litigation
Our Expertise in Litigation Support
1. Identifying Key Claims to Assert
We collaborate with plaintiffs and their legal teams to pinpoint the most critical claims to assert in litigation. By focusing on claims that are both legally and technically robust, we help build a strong foundation for the case.
2. Formulating Reliable Infringement Contentions
Our technical experts work closely with legal counsels to develop solid infringement theories, backed by concrete evidence.
Leveraging our deep understanding of patent law and technical expertise, we ensure that all contentions are clear, specific, and in alignment with legal standards
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Key Features of Our Support Services
Detailed Accusation Specificity
Our approach ensures that every assertion is as precise as possible, detailing:
* Accused Products: Listing specific products, device models, or processes alleged to infringe the patent.
* Process Claims: Clearly identifying the processes or methods being accused in case of method/process claims.
We adhere to the U.S. Federal Circuit Court norms, maintaining a balance between specificity and flexibility to account for evolving litigation needs.
Comprehensive Claim Charting
Our claim charts provide a detailed, element-by-element analysis, including:
* Claim Limitations: Clearly listing each limitation of the asserted claims.
* Evidence of Infringement: Associating each claim limitation with specific evidence of infringement, whether direct or indirect.
* Indirect Infringement Analysis: Providing a thorough description of the indirect infringer’s operation, detailing how it contributes to or induces direct infringement.
* Nature of Infringement: Indicating whether the infringement is literal or falls under the doctrine of equivalents.
This structured analysis not only strengthens the plaintiff’s case but also ensures that the accused infringer is put on clear notice of the allegations, as required by law.
Why Choose Citius Minds?
* Deep Technical Expertise: Our team of technical experts has extensive experience engaging legal counsels to create safe and effective infringement contentions.
* Personalized Litigation Support: We recognize that there is no one-size-fits-all solution and thus provide tailored support to suit the individual needs of clients.
* Accurate and Up-to-date Reporting: Our in-depth reports and claim charts break down complex technical and legal concepts into clear and actionable parts for use in litigation.
Helping patent clients to take more control in litigation
Plaintiffs who partner with Citius Minds head into patent litigation with a major strategic advantage in the game. At the same time, we also make our own infringement contentions as precise, technically sound, and comprehensive as possible, so that we can take on the task of preparing for litigation with as many assurances for our opponents as possible.
Rely on Citius Minds to assist with your patent litigation support strategy.
Case Study
"The team at Citius Minds delivered meticulously crafted infringement contentions that left no room for doubt. Their detailed claim charts and supporting evidence were pivotal in securing a favorable settlement, turning a legal challenge into a strategic win. Their professionalism and precision are unmatched."
General Counsel, Automotive Technology Company
Challenge:
An automotive technology company developed a radar-based collision avoidance system and suspected that a competitor had launched a similar system infringing upon their patented technology. The client needed infringement contentions to initiate legal proceedings.
Execution:
Our team analyzed the client’s patents to extract key claim elements and features of their invention. We then compared these claims against the competitor’s publicly available documentation, product manuals, and technical disclosures.
A strong infringement contention was built by identifying the exact overlaps between the competitor’s system and the client’s patented features, including radar frequency usage, signal processing algorithms, and feedback mechanisms. We drafted:
* Claim charts with precise mappings.
* Supporting evidence from the competitor’s promotional materials and product teardown analyses.
* A summary of technical similarities presented in a clear, compelling format.
Impact:
The infringement contentions were instrumental in initiating legal proceedings. The competitor agreed to negotiate licensing terms, resulting in a favorable settlement for the client.
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FREQUENTLY ASKED QUESTIONS
1. What are infringement contentions?
Infringement contentions are detailed legal documents that outline how a product, system, or method infringes the claims of a patent. They are typically filed in patent litigation cases and explain, in detail, how the accused product meets each claim limitation of the patent.
2. Why are infringement contentions important?
Infringement contentions are a critical part of patent litigation. They provide the framework for the plaintiff’s argument, establishing the basis of the infringement claim. Without strong infringement contentions, it is difficult to proceed with a successful case in court.
3. How are infringement contentions prepared?
Infringement contentions require a careful comparison between the accused product and the patent claims. We analyze the claims and map them to the specific features of the product or method in question. This involves technical analysis, reverse engineering, and sometimes source code review to ensure that the contentions are well-supported.
4. When are infringement contentions used?
- They are used in the early stages of a patent infringement lawsuit. After the initial complaint is filed, the plaintiff must submit infringement contentions to detail how the defendant’s product or process allegedly infringes their patent.
5. What should I expect in a set of infringement contentions?
Infringement contentions typically include claim charts that map each element of the patent claim to a corresponding feature of the accused product. These charts provide a detailed, element-by-element analysis, showing how the product meets all claim limitations.
6. How long does it take to prepare infringement contentions?
Depending on the complexity of the technology and the number of claims to be analyzed, preparing infringement contentions can take 2 to 6 weeks. A thorough analysis is necessary to ensure the contentions hold up during litigation.
7. Can infringement contentions be challenged?
Yes, the opposing party can challenge the contentions by arguing that the accused product does not infringe the patent. They may provide non-infringement contentions or challenge the validity of the patent itself.
8. How detailed should infringement contentions be?
Infringement contentions must be highly detailed to survive legal scrutiny. The plaintiff is required to show, for each claim, how the accused product meets every limitation of the claim. Vague or incomplete contentions may lead to dismissal of the case.
9. What happens after infringement contentions are filed?
- After filing, the case proceeds to discovery, where both sides gather evidence to support their claims or defenses. The defendant may also file non-infringement contentions or challenge the validity of the patent through invalidity contentions.
10. How much do infringement contentions cost?
The cost varies depending on the complexity of the case, the number of claims, and the depth of technical analysis required. We provide tailored pricing at Citius Minds based on the specifics of the litigation case.