Infringement And Invalidation Contentions

Patent litigation contentions are critical and high end techno legal reports which are submitted upon receipt of patent litigation against targeted defendants. Typically, there are three types of litigation contentions i.e.

  1. Infringement contention
  2. Invalidation contention
  3. Validation contention

Infringement Contention:

Whenever a patent owner strongly believes that his/her patent is infringed by one of the competitor or any other person or an entity either knowingly or un-knowingly it becomes essential to prepare an infringement contention. The immediate and the most crucial step involved in this process is preparing the consolidated strategy, reverse engineering analysis to prepare evidence of use and deep technical analysis which will help to win patent litigation.

Invalidation Contention:

Upon receipt of notice of patent infringement, one of the standard defense strategies is to challenge the validity of the patent where, the alleged infringer of a patent may desire to show that the patent-in-suit is invalid or unenforceable. Typically, invalidation contentions are prepared by performing prior art searches against the claims of a patent to provide evidence for invalidating the patent. These evidences may include patent as well as non-patent literature. Identifying the similarities between the patent under contention and the prior art cited by the opponent is also a crucial step in this process.

Validation Contention:

Upon receipt of notice of invalidation contention, one of the standard defense strategies is to prove the validity of patent where, the alleged patent is strongly evaluated to showcase the differences between the patent under contention and the prior art cited by the opponent. Further, addressing the all grounds for opposition mentioned in the invalidation contention is also critical in this process.

Generally, patent litigation process may be framed as a cyclic process. Below represents a detailed pictorial analysis:

Claim chart or claim mapping is a critical supportive document in preparing patent litigation contentions. Our technical team from various domains has been handling number of Infringement, validation and Invalidation studies along with the preparation of claim charts. Our customized claim charts which depict a comprehensive and relevant comparison table for each element of the claim with respect to the relevant prior art or product.

Our techno legal team provides extended support to attorneys in using our claim charts for preparing infringement and invalidation contentions. We prepare the claim charts from both plaintiff’s and defendant’s perspective.

Why Prometheus IP?

  • Supports law firms by preparing ready to use claim charts for Infringement and Invalidation contentions
  • Techno legal expertise
  • Knowledge in Patent law of different jurisdictions
  • Organized process for handling both pre and post litigation support services