Patent Litigation: An Introduction to Patent Claims, “Limitations,” Infringement, and Invalidity — Part One

DisputeSoft presents the first in a series of articles authored by our colleague Andrew Schulman, who introduces readers to patent claims and the role of those claims in patent litigation. The articles are drawn from Andrew’s book, Claim Charts: Marshalling Facts in Patent Litigation, currently in preparation for publication, and are also available on his website, softwarelitigationconsulting.com.

In this article, Andrew offers a concise definition of a patent: “a temporary exclusive right over inventive technology.” He notes that a patent is not self-enforcing but rather requires its owner to protect it through litigation which “involves identifying locations where the components of patented inventions are found in products accused of infringing the patent, or in so-called ‘prior art’ said to show that the patent is invalid.” To conclude, Andrew introduces readers to what it means to “show” patent infringement or non-infringement.

Click on the title to read the full article…