What are invalidity contentions?

What are invalidity contentions?

To mount a purposeful invalidity defense at the initial stages of a litigation, a defendant or defendant group is usually required to provide the patent owner with a list of references that render each asserted claim anticipated or obvious as part of its invalidity contentions.

What are infringement contentions?

Whenever a Plaintiff decides to move forward with the patent litigation against targeted defendants, it becomes crucial that they form a consolidated strategy that will help them win patent litigation.

What is an invalidity opinion?

In a Validity/Invalidity opinion, a patent attorney attempts to decide If a court will uphold a patent as valid. With an invalidity opinion you can boldly go into litigation confident of your chances to prevail and break your opponents patent.

When to review infringement and invalidity contentions?

When it comes to reviewing contentions, we review both infringement and invalidity contentions to bring out technical differences that form the basis for strong legal arguments and rebuttals. These technical differences also form the basis for non-infringement theories.

What are the rules for patent 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.

How can a patent claim be invalidated in court?

In his fifth article, Andrew examines the concept of patent invalidity and explores several ways in which patent claims can be invalidated, such as by showing anticipation, “obviousness,” lack of “enablement,” and the on-sale and public-use bars.

Are there any cases with open ended contentions?

Other cases with open-ended contentions include Richtek v. uPi, 2016 WL 3136896 (N.D. Cal.) (“for some time, patent owners have made open-ended allegations in their complaint that do not specifically identify the accused products… it is time for the case to narrow, not expand.