CR

Patent Litigation Support

We understand that intellectual capital constitutes an important asset for a technological firm. A well managed Patent Portfolio helps to identify strengths and risks associated with it and leverages more effective handling of infringement cases, thereby reducing costs and saving time. With increasing technological competitiveness, it is highly imperative for organizations to be pre-emptive by focussing on maintaining the uniqueness (exclusivity) of their ideas.

Our team of engineers and technical experts with rich experience in this domain, deems itself committed to achieving best possible results for our clients. Our comprehensive analysis of intellectual property underpins major strategic decisions of an organization. Our clients have substantially reduced their litigation costs and maximised their revenues by effective marketing and contiguous protection of their IP, keeping them motivated at what they do best - innovation.

PRE-LITIGATION
Our far-reaching range of litigation services begin with assessing the strength of a patent litigation case. We believe in pre-emptive approach towards dealing with patent litigation which saves time and economics. We perform technology scouting to diligently track what your competitors are up to and which direction to move ahead with so as to avoid lawsuits in future. Patent validity checks by mining related prior arts is a supporting activity.

FILE-WRAPPER ANALYSIS
A complete documentation of evolution of a patent application while it undergoes various amendments and moves through the patent office is contained in a file wrapper. File Wrapper review and analysis underpins other patent related activities such as infringement analysis, acquisition and partnership deals, etc. Our experts generate useful data from a file wrapper to serve as input for patent litigation.

INFRINGEMENT ANALYSIS
The heart of the exercise lies in identifying possible commercial abuse of intellectual property by infringers. Our well-defined, in-depth technology analysis and robust litigation support delivers rapid responses to Product infringement cases. Our highly experienced technical experts identify the fine subtleties of patent claims while mapping your portfolio with a competitor’s portfolio.

  • Examine the strengths and weaknesses of your patent portfolio to maximize the monetization by seeking infringement against products.
  • Analyse claim charts, public data, source code etc. and ascertaining potential infringers to your ideas.
  • Reverse Engineering, mainly dismantling of a product to individual components and analysing its functionality, system design and method of construction and subsequent integration of Product components.

THREAT LETTER ANALYSIS

  • Evaluate the strength of a threat letter by evaluating the degree of overlap between the subject of patent and the infringing product.
  • Render the patent alleging of infringement as invalid or inapplicable, referred to as offensive strategy.
  • Prove non-infringement of the product in conflict.
  • Stay abreast of latest technology disputes and derive the same insights to stay prepared for belike infringement suits.
  • Determine if the products fabricated by the aggressor are infringing on your patents.
  • Negotiate cross-licensing settlements by uncovering opportunities in the patent portfolio of an aggressor.

CLAIM CHART PREPARATION
Companies, to optimise the returns on their patent portfolios carry out infringement analysis to facilitate licensing out of infringed patents. This requires a detailed study of the patent claims while mapping with the product/standard in conflict. Our team of technical experts draft a detailed and accurate claim chart, highlighting the magnitude of overlap between the patent and the infringing product/standard. The document then supports the attorney or legal counsel in determining the extent of infringement of the product in conflict.

PATENT INVALIDATION
In most cases, an invalidity search is taken upon by an individual/organization which is levelled on infringing on a patent. In other cases, companies involved in Mergers & Acquisitions seek to evaluate the strength of a patent portfolio of the company being acquired to make strategic business decisions in purchase of its intellectual capital. In such cases, appropriate prior art analysis is done and based on its findings, the validity or invalidity of a patent is proved. Invalidity searches are conducted by conducting prior art search to mine a better prior art than that discovered earlier by the patent examiner which refutes the novelty of the invention for which the patent has been filed. In certain cases, it might be possible that the best prior art was overlooked by error while conducting prior art searches.

DEPOSITION SUPPORT
Our technology experts collect and integrate patent data with other information related to patent litigation and generate detailed reports to provide support to fact witnesses and expert witnesses during deposition. We provide opinions related to technology used in the innovation and extent of damages due to infringement.



For more information, contact us at info@cognearesearch.com

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