Uses Of Patent Claim Charts

Have you ever wondered why such charts exist? Or ever came up on your head how this document is used on the court? Claim charts are one of the important tools used in infringement litigation. On such cases, facts are the most important armor to defend ones claim. These are the information that serve as the basis of ownership of the invention. These details are considered to be confidential with respect to the claim. And that is only exposed on the advent of case hearing and request on the side of judge to verify the complaint. Hence, the importance of claim charts has been recognizing in lawsuit because of this use. Meanwhile, other uses will be discussed in this article.

  • Document that proves the existence of claim. This claim chart serves as a proof of existence of the patent along with other documents. This chart comes with diagram that shows the specific information about the invention. This is provided by both sides; the patent owner and the plaintiff. On the other hand, there are different types of claim charts. And this depends on its use and the preferences of the parties.
  • Contains the elements, parts and integers of the patent. Information of the patent are divided into these parts. These serve as the meat of the plain chart where the items of the invention is stated. Each asset or patent is unique, thus it will be stated on the claim chart which part of the item is violated by the plaintiffs. The detailed numbers of the patent are very good basis to verify if there is infringement on the end of the alleged violator.
  • Describes the details. The specifications of the patent are well-described on the claim chart. These information are seen on the right side of the document with varying details from the rest of the existing inventions. The components show the uniqueness of patent.
  • Clearly summarize the patent. The diagram shows complete information about the patent. It serves as a summary of the actual patent document and highlights the important information which are essential for its distinction.
  • Basis of the violation. Looking at the two documents, the patent owner and plaintiff’s, you can easily point out which part of the patent has been used. The genetic information or the make up of the patent is unique therefor any identical detail on both side might mean a violation on the rights of confidentiality and use of the owner.
  • Comparison of both claims. This claim chart serves as a helpful tool that shows the similarities and differences on the patent of owner and plaintiff. You can easily go through the details and compare the existence of each part. Using this chart has good advantage as everyone wouldn’t have to deal with the long version of the patent document.

Patent plain charts have been recognized since early hearing of patents. It is one of the earliest document to simplify the information of an invention. To date, it is still used in the court and comes with different forms or variations that were developed along the years.

Retaining Your Patent Litigation Attorney

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Litigation is essentially the acting out of a strategy from the law firm “war room”. The difference in patent litigation is that the jury members called to give a verdict will be at risk of not understanding the finer points and testimony, if the effort is not made to ensure:

• Presiding judge permits jury note taking throughout trial

• Opposing counsel does not eliminate or refuse jurors deemed friendly to your case

• Expert Witness can elaborate on details without losing jurors’ attention

Patent Trial Duties

When seeking representation one of the first things to determine is your attorney’s appearance and attitude. Are they personable? Also review his success record. He will be on stage before a jury eventually, and you cannot afford to have them develop animosity for your attorney or resentment if he talks down to them. He also needs to be able to explain complicated patent details and infringements clearly and concisely for the comprehension of each juror.

Your attorney will have a plan that he cherishes as the premier plan for success in litigation. Comply with his directions if you have determined he is concise, easy to understand and personable.

Selections Your Attorney Makes for You

There are determinations your attorney will need to select for you that can make or break your case:

• Jury Selection – This is a misnomer, as the jurists are not selected as much as they are actually “weeded” out from the ones who will sit on the panel. It is imperative that the attorney find friendly faces and eyes.

• Getting permission from the judge presiding for jurors to take notes throughout the trial.

• Witness Selection, both Expert Witness and Material Witness – Your attorney must select the most knowledgeable and forthright speaking Expert to testify without going over the heads of the jury. He must also question or depose an important Material Witness to interactions requiring sworn testimony.

• Prepare acceptable Instructions to the Jury. Wording of jury instructions can confound or illuminate the minds of the jury, and your attorney must have his unique presentation and wording that will be approved by the judge and clearly understood by the jury. Trials have been hung or lost due to clumsy jury instructions.

Comply With and Trust Your Counsel

After retaining your attorney, comply with his requests and do not second guess him. He represents success or failure in your legal battle.

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