bringing patent claims into focus
Texas Patent Local Rules
PatDek is directed to organizing patent contentions, and more particularly claim charts. The information presented below highlights aspects of the Texas Patent Local Rules governing invalidity contentions.
Eastern District of Texas local rules (
here) published April 21, 2011
Patent L.R. 3-3 and 3-4 are directed to invalidity contentions.
L.R. 3-3(b) provides:
(b) Whether each item of prior art anticipates each asserted claim or renders it obvious. If a combination of items of prior art makes a claim obvious, each such combination, and the motivation
to combine such items, must be identified;
L.R. 3-3(b) explains that an obviousness allegation, based upon a combination of items of prior art must include "each such combination." While L.R. 3-3(b) does not specify the particular manner of the identification, PatDek provides a comprehensive list of each obviousness combination (two-reference and three-reference combinations) as part of its reporting capabilities.
L.R. 3-3(c) provides:
(c) A chart identifying where specifically in each alleged item of prior art each element of each
asserted claim is found, including for each element that such party contends is governed by 35
U.S.C. § 112(6), the identity of the structure(s), act(s), or material(s) in each item of prior art that
performs the claimed function;
L.R. 3-3(c) explains that a chart is required for "identifying where specifically in each alleged item of prior art each element of each asserted claim is found." PatDek provides in claim chart format, citations and/or text identifying passages of each prior art reference that correspond to each claim limitation. The PatDek case template allows the case manager to identify the analysis concepts that relate to 35 U.S.C. § 112(6), providing a framework to specify "the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function" as stated in L.R. 3-3(c).
L.R. 3-4 concerns the document production that is to accompany invalidity contentions.