Posted on August 17, 2023
Hello everybody, I’m J.D. Houvener, your host of the Bold Today Show. We’re here for you, the inventor, entrepreneur, and business owner, providing your daily inspiration to make the world a better place.
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Today, we’re diving into patent litigation as we enter our second week of learning. Specifically, I want to discuss a crucial aspect of the trial situation in patent law—claim charting. Claim charting plays a pivotal role when expert witnesses are deposed, allowing them to discuss the specific nuances of each element of a claim.
Now, let’s take a look at an example of a claim chart on the screen. In the left column, you’ll see claim elements, which are essentially the wording of the claim broken down into different clauses. For instance, if we consider claim 12, it is dissected into parts a, b, c, d, and so on. Each phrase in the claim chart corresponds to a burden of proof that needs to be demonstrated to the jury. This involves showing that there is an equivalent aspect in the infringing product for each element of the claim.
Once this demonstration is made, the jury will decide whether there was a preponderance of evidence, i.e., whether it’s more likely than not that each of these claims was infringed. The process of claim charting involves intricate work, breaking down each claim and describing it in detail, including subsections.
If you found this insightful and want to learn more about patent law and how to enforce your patents, visit our website at boldpatents.com. There, you can book your free 30-minute consultation and have a one-on-one discussion with one of our patent attorneys about your specific situation.
It’s been my pleasure to talk with you about litigation, and we have more to come. Have a great day, everybody. Go big, go bold.
