Tuesday, February 17, 2009

Claim Chart That Groups Multiple Elements Together and Makes Reference to a Multi-Page Exhibit is Not Sufficient Disclosure of Infringement Contention

Plaintiff's amended infringement contentions failed to comply with Local Patent Rule 3-1. Under Patent Rule 3-1, plaintiff’s claim chart must refer to "a single structure, process, algorithm, feature or function of any accused product." Instead, plaintiff's chart referred to multiple steps and multiple functions. "In Example 1 of [plaintiff's] claim chart, there are at least two steps disclosed . . . in Example 2, [plaintiff] groups multiple elements together and makes reference to an exhibit that consists of several pages of material. . . . Grouping two elements together and referencing a seven-page source code does not clarify where the elements are allegedly located."

Michael S Sutton Ltd. v. Nokia Corp., 6-07-cv-00203 (TXED February 13, 2009, Memorandum Opinion & Order)

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