|
A claim chart is a widely used device in US patent infringement litigation.〔Such charts also appear in patent litigation outside the US, e.g. the UK IPEC: "It is likely to be necessary to break down a patent claim into suitable integers (i.e. separate parts) in order to explain a case on infringement with reference to specific elements of the alleged infringing product or process. This may be most conveniently done in the form of a table or chart annexed to the statement of case." ((The Intellectual Property Enterprise Court Guide ), April 2014)〕 It is a convenient and effective means for analyzing and presenting information regarding a patent claim. In each, typically, there are two columns: the left column contains the language of the patent claim under analysis, separated into the successive limitations (e.g. elements or steps, integers, parts) of the claim; the right column contains the information relating to the claim element at its left. ==Types of claim chart== There are three principal types of claim chart: * A chart of references (such earlier patents and magazine articles) that allegedly show the invalidity of the patent because of anticipation or obviousness). (This would be a chart prepared by the defendant or party accused of infringing the patent.) * An infringement chart that allegedly shows how the product or process accused of infringement contains each claim element, thereby satisfying the all elements test for infringement. (This would be a chart prepared by the plaintiff or patent owner.)〔These charts often contain diagrams of the relevant elements, to show that the device contains the element as recited in the claim. See, for example, this (infringement chart ).〕 * Less commonly, a claim interpretation chart that shows, for each claim element, passages in the patent specification or in technical literature that show the proper meaning or interpretation that should be given to the language of the claim. (Either party might prepare this chart.) Other claim chart types include initial or preliminary infringement contentions (PICs); domestic industry (DI) charts employed in International Trade Commission (ITC) importation actions; expert claim charts; "parts list" charts used for example as demonstrative exhibits; claim charts presented during licensing or settlement negotiations; and design patent charts. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Claim chart」の詳細全文を読む スポンサード リンク
|