Claim Charts Continue to Be a Problem

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In Ford Motor Company v. Cuozzo Speed Technologies, Inc., IPR2014-01393, Paper 3 (August 28, 2014), the Board granted the petition a filing date, but required petitioner to correct its claim chart in five days, noting:

Claim charts should only be used to provide an element-by-element showing as to how the prior art teaches the limitations of a claim (e.g., citations to a prior art reference, quotations from a prior art reference). Claim charts may not include arguments, claim construction, statements of the law, or detailed explanations as to why a claim limitation is taught or rendered obvious by the prior art. A mere citation to an expert declaration (e.g., “See Ex. 1015 ¶ 29”) in a claim chart is permissible, but anything more than a mere citation is improper.

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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