Patent litigation is a complex, resource intensive, and costly exercise. The task is particularly challenging while understanding and interpreting technical terms and construing of claim(s) of the patent. Broadly speaking, the decision to enforce or challenge a patent is a critical task and takes into account goals of the organization. Our litigation support team adopts a disciplined approach to analyze all aspects of the business, and accordingly advise you on issues faced and opportunities available. We gather deep understanding of complex patent cases for both patent holders and accused infringers in jurisdictions across the globe. We have the technical prowess to handle complex legal cases. Our team works closely with you and provides effective business solutions to protect your intellectual property and minimize the likelihood of litigation. We help you in performing various patent searches such as invalidity search, prior art search, claim charts, document review, code analysis, and tear down review and analysis of file wrapper/file history.
PATENT LITIGATION SERVICES COVER A WIDE RANGE OF SERVICES:
Pre-litigation assessment is expensive and involves a great deal of thought before framing an informed patent litigation strategy. One has to foresee the business risks, and accordingly prepare for the legal engagements. Drawing upon the extensive experience of our professional engineers, we provide litigation strategy supported by a coherent action plan. The assessment report includes:
- Claim construction charts that account for prosecution history, intrinsic and extrinsic evidence (s), and past litigation history
- Patent proofreading report so that any critical errors can be eliminated
- Infringement analysis along with preliminary claim charts
- Validity search and analysis for strength assessment and risk mitigation
- Conduct market research and business feasibility study
- Insights into litigation history of the party being sued
The pre-filing infringement analysis involves legal and technical processes. The legal analysis is claim construction while the technical part is a comparison of the alleged infringing products/services with construed claims. We assist various US law firms in pre-filing investigations required before filing a patent infringement lawsuit.
The US International Trade Commission (ITC) is an independent, quasi-judicial federal agency that administers certain US trade laws which provide US industries with a means to prevent unfair competition from imported goods, including Section 337 violations.
To prove a violation of Section 337, the complaining party must establish:
- Unfair competition or an unfair act, for instance, patent infringement, etc.
- Importation, sale for importation, or sale after importation into the United States of accused products
- Existence of a domestic industry relating to the products or IP in question. Section 337 investigations are complex and require a unique blend of litigation, administrative law, patent laws, and technical skills
We develop claim construction charts including intrinsic and extrinsic evidence(s). We also prepare infringement charts which involve mapping of the claimed elements with the product features from available documentation in the public domain as well as physical testing/code analysis.
We help law firms in drafting and reviewing infringement contentions. A disclosure including claim chart is required by the local court at the time of claiming patent infringement. Therefore, we provide claim charts which help in identifying each element of the asserted claim within each of the accused instrumentality. We work closely with you to develop infringement contentions supported by detailed technical analysis to support your law suit.
We also help you to ascertain each limitation of the asserted claim that is alleged to be literally present or present under the doctrine of equivalents in the accused instrumentality. We review infringement and invalidity contentions to carve out the technical differences that form the basis for strong legal arguments and rebuttals. These technical differences also form the basis for non-infringement theories.
An invalidity search or prior art search involves conducting a thorough search in the patent and non-patent literature and identify references or elements that might invalidate the patent claim(s) in contention.
We have access to leading commercial patent and non-patent literature. We are well versed with various search methodologies such as IPC/CPC/US/F-term class based searching, keyword based searching, key inventor and assignee analysis, citation analysis, semantic search, etc. We also conduct literature searches in IEEE and other industry standards, trade journals, PhD thesis and dissertations, news archives, etc. The prior art search report includes details of potential prior art literature along with bibliographic details. We also analyze legal aspects and issues which may render a patent invalid. Some of these issues are related to improper antecedent basis in claims, claim enablement issues, non-compliance to duty of disclosure, incorrect entity status for renewal fees payments, etc.We conduct searches in such native languages as Chinese, Japanese, and Korean. Our teams of technical experts help you to translate patents and deliver quality reports. The invalidity search or prior art search report form a part of your invalidity contentions or assertions.
Effectual’s expert team of advisors assists you in improving litigation outcomes by providing critical evidence and mining support through physical product testing, source code review, advanced document review, reverse engineering, and tear down analysis. Our unparalleled approach involves preparing claim charts and focus on concrete tangible outcomes. We also conduct extensive research to deliver services that best suit your business needs.
We provide assistance across such different strategic segments as telecom products and billing services, software solutions, ERP and CRM products, web-based setups, computer networking products, iOS applications, android applications, etc. We use tools such as packet sniffers, developments kits, and dummy applications to disclose information which is not publically stated by the infringing products documentation. Our competent advisors have reviewed millions of codes and have extracted the right information which has resulted in favorable outcomes.We can also work on client sourced tear down reports or reverse engineering reports and prepare detailed claim charts using a mix of evidence from different sources.
ADVANCED DOCUMENT REVIEW
Document review is a critical task in patent litigation that can affect the outcome by a significant measure. Reviewing the documents is a cumbersome task and requires experience of both domestic and international market to highlight finer nuances in view of the fast changing industry trends. With hands-on experience of industry practiced tools, we provide tailored solutions to effectively manage your documents, thus saving your time and expanse.
The services we offer include:
- Preliminary review helps you identify key witnesses and documents that are relevant/irrelevant, responsive/non-responsive, privileged, confidential, and related to important issues
- Advance technical review assists you in performing in-depth analysis of the key documents and other critical aspects of the case. We closely work with you to carve out important information that can strengthen your case
Deposition summary is one of the most valuable tools in patent litigation as it serves as a direct pre-trial evidence for lawyers, especially litigators, that can be produced in court. An accurate deposition summary helps lawyers by serving as an alternative to the complex task of reviewing lengthy legal transcripts.
We help you in preparing deposition summaries to optimize your time and cost. Our expert consultants have the required technical skills to support patent litigation depositions and the litigation process. The deposition summary prepared by us enables litigators to quickly review and understand the entire testimony, names, location(s), dates exhibits, key phrases, or terminology. We steadily reduce testimony to facts; accurately record dates, figures, names, give a record of key events and actions; eliminate immaterial information; and organize subject matter into logical and consistent paragraphs. Each summary is formatted and reviewed to deliver quality results. Also, the purpose of the summary is to help the litigators find relevant information in the transcript. Therefore, the deposition summary prepared by us contains a reliable and concise summary of the deposition transcript.