Prompt Pilotby Write.law
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Chart an asserted claim against an accused product

Splits the asserted claim at the punctuation, maps each limitation to evidence with a real locator, scores every row honestly, and turns the gaps into a ranked discovery list.

About 30 minadvancedIP, Litigation

Your prompt4,883 characters

Still to fill in: Asserted claim text, Accused product and evidence in hand, Forum and contention rules

RoleYou are a patent litigator who has built claim charts for infringement contentions, IPR petitions, and pre-suit Rule 11 investigations. You break a claim at the punctuation, not at the paragraph. You refuse to write "the accused product performs this function" when what you actually have is a marketing bullet, and you score a limitation MISSING even when the client is paying you to find infringement.What I needChart the asserted claim below against the accused product from the Patentee: building infringement contentions position, in a form that satisfies Forum and contention rules. Chart under this construction and file history: Claim construction and prosecution history.InputsAsserted claim: Asserted claim text Accused product and evidence: Accused product and evidence in hand Forum and contention rules: Forum and contention rules Posture: Patentee: building infringement contentions Construction and file history: Claim construction and prosecution historyHow to work this1. Split the claim at every semicolon and every "wherein." Number rows 1.1, 1.2, 1.3. The preamble gets its own row and a one-line call on whether it is limiting. 2. Give every evidence cell a locator someone else could pull: page, section, URL with capture date, file and line, Bates. No locator means no evidence: score that row MISSING. 3. Score each row STRONG, MODERATE, WEAK, MISSING, or DOE, and say in the analysis cell what would move it up one grade. 4. Name every contested term. Say which construction you charted under and what each affected score becomes under the opposing construction. 5. Chart any means-plus-function limitation separately: corresponding structure in the specification by column and line, then structure in the accused product, then equivalence. 6. Run doctrine of equivalents only where literal fails, limitation by limitation, on function-way-result, then test each argument against Claim construction and prosecution history for prosecution-history estoppel. 7. Keep indirect infringement in its own section: direct infringement plus knowledge plus specific intent for § 271(b); no substantial non-infringing use for § 271(c). Cite evidence per element or say you lack it.Ask me firstBefore you produce anything, ask me these questions, then stop and wait: 1. Has any term in this claim been construed already: in this case, a related case, an IPR, or by amendment during prosecution? Every score below moves with the construction. 2. What evidence do I actually hold versus what I expect from discovery? A row built on a datasheet scores differently from one built on source code produced under a protective order. 3. Are the asserted claims method, apparatus, or both, and does one actor perform every step? Divided performance kills direct infringement before any evidence matters. Do not begin charting until I answer. If I tell you to proceed anyway, state each assumption at the top of your output and mark it [ASSUMPTION - verify].Output formatHeader, then construction notes per contested term, then the chart as a table: # | Limitation verbatim | Evidence with locator | Analysis | Score. Then means-plus-function and DOE sections where triggered, indirect infringement if relevant, a grade scorecard with a one-sentence overall read, and a ranked discovery list for every MISSING and WEAK row. End with one line naming the two of my answers that most changed this chart: say which row you would have scored differently without them. If an answer changed nothing, say so; it means the question did not earn a place in the list.Never do this- If the analysis column would read the same against a different accused product, it is too generic. Every cell ties to the evidence I gave you. - No hedging filler. Cut "arguably," "appears to satisfy," "it should be noted," and "it depends." Do not tell me to consult an attorney. I am signing these contentions. - Every patent number, column-and-line cite, case, and evidence locator must come from my inputs or carry [UNVERIFIED - check before serving]. Never invent a Bates number, a pin cite, or a file-history quotation. - Where you cannot tell whether the product practices a limitation, score it MISSING and say you do not know. Fluent prose laid over a gap is what gets a chart struck. - Do not pad. If four limitations are clean, four short rows say so. Length is not value.Before you answer- Is every limitation on its own row, split at the punctuation? - Does every evidence cell carry a locator, and did I score any row STRONG on marketing language alone? - Is every citation either from my inputs or marked unverified, and is DOE kept out of the literal analysis? - Would this chart be useless against a different product? It should be.

Adds driver's-seat tunes: options instead of answers, questions before work, every citation flagged. Your values come with it.

2

Pressure-test it

Makes the AI switch hats and attack its own answer.

One limitation is all the other side needs, and their counsel is drafting the rebuttal chart right now with the file history open beside it. Read your chart as the lawyer building that rebuttal. Name the three rows they attack first, rewrite the analysis cell for each as it would appear in their chart, and tell me which contested term they will push at Markman because the whole chart collapses if they win it.
3

Go deeper

Pushes the work further once the basics are right.

Does this chart support a case, or only a licensing conversation? Build the case-assessment memo on top of it: the two limitations that carry the case, the one that could lose it, a discovery plan ranked by which request most changes a score, an estimate of what survives if the opposing construction is adopted, and a recommendation on whether to file, send a notice letter, or open licensing talks.

Before you run it

What to gather first

  • The patent number, the asserted claim text verbatim, and any charted dependents
  • Everything you actually hold on the accused product: datasheets, manuals, teardowns, produced code, captured pages with dates
  • Whether you are the patentee, the accused infringer, or pre-suit on either side
  • Prosecution history: limiting amendments, arguments distinguishing prior art, any prior construction
  • The forum's local patent rules and the contention deadline you are working to

Watch for

  • Local patent rules govern the form and timing of contentions, and charts that fail them get struck with limited leave to amend. Confirm your court's requirements before serving anything built from this.
  • Prosecution-history estoppel can foreclose doctrine of equivalents entirely. Pull the actual file wrapper. A chart that assumes DOE is available without checking the amendments is worse than no chart.
  • Means-plus-function limitations require corresponding structure identified in the specification, not in the claim. Missing this is the single most common way a chart is found deficient.
  • Marketing copy is not technical evidence. A vendor's claim to a "two-stage filter" may describe one filter run twice, and the model cannot tell the difference from public materials.
  • Source code, sample teardowns, and internal architecture documents usually arrive under a protective order. Do not paste produced material into any tool your protective order does not cover.

What comes back

A header identifying patent, claim, product, posture and forum; construction notes for each contested term; a per-limitation table with verbatim limitation, evidence plus locator, analysis, and score; means-plus-function and doctrine-of-equivalents sections where triggered; an indirect-infringement section if relevant; a scorecard counting grades with a one-sentence overall read; and a discovery list tying every MISSING and WEAK row to the specific evidence that would resolve it.

See an example of what you’ll get
*(After you answer the three questions: no prior construction, evidence limited to public materials, apparatus claims only.)* Header. U.S. Pat. No. 11,234,567, claim 1 · Helix BioFlow X1 · patentee posture (Northshore Pharmaceutical) · D. Del., pre-suit. Construction notes. "configured to automatically and without user input" was added by amendment over Smith '789. Charted under plain meaning; if Helix wins a construction excluding any user-initiated trigger, row 1.2 drops from MODERATE to WEAK. "Two-stage filter" was added by the same amendment and needs evidence of two structurally or logically distinct stages, not one filter applied twice. | # | Limitation | Evidence | Analysis | Score | |---|---|---|---|---| | 1.0 | "A system for filtering assay data comprising" | Datasheet p. 4 | Preamble recites intended use; treated as non-limiting, but flag: the amendment history may make it limiting. | STRONG | | 1.1 | "a first module configured to receive sample readings" | Datasheet p. 5 (input subsystem block diagram); manual § 3.1 | Input subsystem receives the recited data type. Documented. | STRONG | | 1.2 | "a second module configured to automatically and without user input apply a transformation" | Marketing page captured 4/22/26 ("automatic processing, no manual steps"); manual § 3.2 ("press Start; the system handles the rest") | "Press Start" is a user input. Whether the transformation itself is user-initiated is unresolved on this record. Moves to STRONG with engineer testimony that no per-run input is required. | MODERATE | | 1.3 | "wherein the transformation comprises a two-stage filter" | Datasheet p. 6 ("our two-stage filter architecture"); public README | Marketing language only. Nothing confirms two distinct stages rather than one coefficient applied twice. Moves to STRONG with source code or a controlled input-output test. | WEAK | | 1.4 | "wherein each stage applies a distinct filter coefficient" | None | No public evidence. Do not chart this as satisfied. | MISSING | Means-plus-function. No "means for" language and no nonce term in claim 1. Not triggered. Doctrine of equivalents: 1.3 and 1.4 only. Function (filtering readings), way (sequential coefficient application), result (cleaned output) are plausibly the same if the product runs one filter twice. But "two-stage" was added by amendment over Smith '789, which disclosed iterative single-stage filtering. The Festo presumption applies and the tangentiality argument is weak on this record. Treat DOE as a fallback you would not lead with. [UNVERIFIED - pull the '567 file wrapper and confirm the exact amendment language before relying on this.] Scorecard. STRONG 2, MODERATE 1, WEAK 1, MISSING 1 (5 limitations). Overall: literal infringement is not established on public evidence. Rows 1.3 and 1.4 carry the case and both require technical discovery. Discovery list, ranked. 1. Source code for the filter implementation: resolves 1.3 and 1.4 together. Highest impact by a wide margin. 2. Controlled sample testing of input-output behavior to detect two distinct coefficients: resolves 1.4 without waiting on a code production order. 3. Deposition of the product manager on whether any user-initiated triggering mode exists: resolves 1.2. 4. The '567 file wrapper: needed to assess estoppel before any DOE argument goes in a pleading. What your answers changed. "Public materials only" set this chart's ceiling. It is why 1.3 is WEAK on a datasheet phrase and 1.4 is MISSING rather than merely unproven, and it is why the overall read is that literal infringement is not established. Hand me the filter source code under a protective order and those are the two rows that move, and the read flips to a chart you could stand behind in a complaint. "Apparatus claims only" kept an entire column off the page: if claim 1 were a method claim, the manual's "press Start" language in row 1.2 stops being a construction question and becomes a divided-performance problem, and every row would need an actor named before any score meant anything.
Why this prompt is built the way it is
## Framework 1. **Atomize the claim.** Split at every semicolon and every "wherein." The preamble gets its own row and a call on whether it is limiting. 2. **Every row needs a locator.** Datasheet page, manual section, URL with capture date, source file and line, Bates number. An evidence cell without a locator is not evidence. 3. **One row per limitation.** Prose hides gaps; the table forces honesty about coverage. 4. **Score each row.** STRONG (literal, documented), MODERATE (literal, circumstantial), WEAK (literal but construction-dependent), MISSING (no evidence in hand), DOE (literal fails, equivalents in play). 5. **Claim construction is the silent driver.** Name every contested term, say which construction you charted under, and say what the score becomes under the other side's construction. 6. **§ 112(f) is a separate exercise.** Corresponding structure in the specification by column and line, then structure in the accused product, then equivalence. 7. **DOE runs only after literal fails** (function, way, result per limitation) and every DOE argument gets tested against Festo estoppel from the file history. 8. **Indirect infringement is its own section.** § 271(b) needs direct infringement plus knowledge plus specific intent; § 271(c) needs no substantial non-infringing use. 9. **Never sandbag a gap.** A MISSING row becomes a discovery request, not a softer adjective.