Drafting claims with infringement in mind has always been a
challenge. For instance, claims should be drafted to ensure that
they can be infringed by a single party in order to address divided
infringement issues. Similarly, it may be useful to draft claims in
a way that avoids requiring end-user infringement as end-users may
not be the best target when considering litigation. In the same
vein, it is important to draft claims in a way that infringement is
detectable, as a patent owner must have facts that provide a
plausible entitlement to relief. This means that the patent owner
must have some basis to allege that the patent claims are being
infringed. If the claims include features that are not readably
detectable, the claims may, in effect, be useless when considering
infringement. This is especially true in Artificial Intelligence
where many features are difficult to easily detect without intimate
knowledge of the AI system. In fact, AI systems are often
considered