Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Contentions

Infringement and invalidity contentions are the detailed disclosures that fix each side's theories early in a patent case. Local patent rules require the patentee to identify, claim by claim and element by element, where each limitation is found in the accused product, and require the accused infringer to identify the prior art and how it renders the claims invalid. The purpose is to prevent shifting theories late in the case, so amendment generally requires a showing of good cause and diligence. The opinions collected here address the adequacy of contentions, motions to amend or supplement them, and the consequences when an expert report advances a theory the contentions never disclosed.

309 opinions and orders, showing 1–200.