An International Guide to
Patent Case Management for Judges

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7.6.2 Statements of case (complaint and answer)

On the first date for oral argument, the plaintiff will present the complaint, and the defendant will present an answer. The answer should outline the arguments that the defendant intends to present, including:

  • identification of the alleged infringing product or process and a description of its composition;
  • admission or denial of the assertions made in the complaint; and
  • the defense of patent invalidity.236

The parties should submit basic documentary evidence – for example, the patent register, the patent gazette or a pamphlet describing the defendant’s product – along with a description of the evidence.