About the service
We have experience in supporting law firms in drafting and reviewing Infringement Contentions. As required by the local court rules a party claiming patent infringement has to serve on all parties a Disclosure of Infringement Contentions aat the time specified in the local court rules and such disclosure should contain a claim chart. We provide court ready claim charts identifying specifically where each element of each asserted claim is found within each of the Accused Instrumentality.
Following steps are performed for infringement contentions
Understand the Patent and Claims
Thoroughly analyzing the patent being asserted, including the claims, specification, and drawings. Understanding the scope and limitations defined by the claims.
Reviewing claim charts for each asserted claim. These charts are mapped against each element or limitation of the claim to specific features or steps in the accused product or process.
Review the accused product
Conducting a comprehensive analysis of the accused product or process. This may involve product teardowns, reviewing technical documents, etc.
Identify correspondence between claims and product features
Clearly identifying and documenting how each element or limitation of the asserted claims corresponds to specific features, components, or steps in the accused product or process.
Document evidence and references
Collecting and documenting evidence supporting the contention of infringement, including product documentation, technical specifications, manuals, schematics, or any other relevant materials.
Comply with legal and court requirements
Ensuring that the infringement contentions comply with any legal or court-mandated requirements regarding format, content, or submission deadlines.
Why Choose us?
Why choose Effectual Services for performing Infringement Contentions?
We have a team of experienced workforce, consisting of Engineers, Bachelors, Masters and PhDs from various technical backgrounds, including Computer Science and Information Technology, Electronics and Communications, Electrical, Mechanical, Chemical, Biotechnology, Pharmaceuticals and Life Sciences domain.
Many of our team members have a Law degree in addition to the technical degrees making them ideal for Intellectual Property related services like Infringement contentions.
We review both infringement and invalidity contentions to bring out technical differences that form the basis for strong legal arguments and rebuttals.
We have experienced team members in software domain tools to analyze the complex source codes and experienced team members related to Standards, Telecom, Wi-Fi related technologies.
We provide customized pricing plans in accordance with the budget and the requirements.
Once a client (XYZ company) approached us for an Infringement contention project. The company was facing a potential patent infringement claim related to their recently launched product. The primary objective was to conduct a comprehensive review of the infringement contention charts filed by the opposing party. We were tasked with evaluating the accuracy and validity of the contentions to determine the strength of the infringement claims. The team carefully compared the asserted patent claims in the contention charts with the actual patent claims and specifications. Any discrepancies or misinterpretations were noted for further investigation. Based on the thorough analysis, we prepared a detailed review report summarizing our findings, including an assessment of the accuracy and validity of the infringement contentions, potential defenses, and recommendations for the client. We were appreciated by the client.
A client once approached us for an Infringement contention project. We developed infringement contention charts for the client against a big name in cloud services (Company X). During this engagement, we also indicated that the subject patent was used to provide multiple 102/103 rejections to certain patent applications filed by company X. This info was used by our client in the complaint document to argue that Company X was already aware of the subject patent, they continued to use the patented tech in their products wilfully and should be liable for higher damages. We were appreciated by the client for our output.
Once a client approached us for an invalidity contenting project. The objective was to conduct a thorough review and evaluation of the invalidity contention charts provided by the client. We evaluated the validity of the asserted patent, identified prior art, and assessed the strength of arguments presented in the invalidity contention. Based on our thorough analysis, we prepared a detailed review report summarizing our findings, including an assessment of the accuracy and validity of the invalidity contentions, recommendations for the client, etc. The client was impressed by our output.
Infringement contentions are crucial for several reasons:
They provide specificity about the alleged infringement, helping the accused party understand the claims being made against them.
They help focus the litigation by identifying the patents, claims, and elements in dispute. They assist in early assessment of the case and encourage settlement discussions.
Infringement contentions typically include:
Identification of the asserted patent(s) and claims.
Claim charts showing how the accused product infringes on each claim element. Relevant prior art. Detailed explanation of the infringement allegations.
Citations to relevant evidence and documentation.