District Court Local rulesSpecificity in pleadings is quickly becoming the rule
When it comes to pleadings, specificity is key in ensuring that your pleading is successful. This is particularly true in many popular districts, like the Northern District of California. This district is quickly becoming a model for many other districts, in that infringement contentions there require the following;
Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality ("Accused Instrumentality") of each opposing party of which the party is aware. This identification shall be as specific as possible. Each product, device, and apparatus shall be identified by name or model number, if known. Each method or process shall be identified by name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process
Requirements like those in Northern California are quickly becoming the rule, as opposed to the exception in patent law. Proposed patent reform bills are also requiring this level of specificity in pleadings.
These proposed changes would require the complainant to both identify the specific items that allegedly infringe the asserted patent and where each claim element is found in the infringed patent. If the information isn’t publically available, the complainant would also need to provide proof that they made reasonable efforts to obtain the information.
Much of this will need to be done ex ante, in that the complainant will need to gather the evidence and provide in their pre-suit demand letters and prior to filing a Complaint.
So what does this mean for you? As the rules and regulations regarding in patent infringement cases become stricter, you'll need to work with a firm that’s able to provide you with the specificity you need in order to prove your case. Searches for prior art, invalidity reports and more can be long and arduous if you don't have the proper resources to create these reports, but at the same time, these reports will become a requirement as the rules for pleadings become more stringent.
If you're in a position where you believe your patent may have been infringed, then you’ll need to work with the right team in order to gather the evidence to prove the claim. Working with Enterprise IP Legal Solutions is the comprehensive solution to gaining the specificity that is becoming increasingly required in pleadings.
"United States District Court - Northern District Court of California." Patent Local Rules.