Evidence of Use
The quintessential piece in demonstrating a potential infringement case is to document the “Evidence of Use” in a chart that maps each claim element to a feature of the observed unpermitted use of the patented technology. Ocean Tomo, a part of J.S. Held, is most helpful to our clients when there are many patents in a portfolio and/or multiple, diverse targets for potential infringement.
For instance, working with the client and their attorneys, we are able to support licensing strategies and discussions by identifying use cases by a single target allegedly infringing multiple patents in a portfolio and documenting the potential infringement in corresponding EoU charts.
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Our technical experts are also able to help patent owners and their counsel by investigating potential infringement of a single patent by multiple players in the industry. Our expertise in the relevant art makes us more efficient, but our experience recognizing unconventional infringement in related technologies may help clients realize value beyond apparent use cases. Detecting multiple infringers can certainly increase the value of a patent and often necessitates changing the IP strategy of the asset owners.
At the EoU stage, most licensing professionals and patent practitioners rely on publicly available documentation such as manuals, designs, press releases, news, and reviews. Collecting, documenting, and properly citing the evidence is valuable step in demonstrating the potential for infringement. Identifying parts of the alleged infringement that may need to be further tested or reverse engineered is another key part of a good EoU.
Our experts traditionally prepare EoUs with significant detail and the goal of using such charts for confidential licensing negotiations and internal strategic planning. Sometimes, in the interest of EoU-creation efficiency, inferences may have to be made for an unverified element, along with a plan developed for actually demonstrating an obfuscated feature. Again, working with client’s counsel, we aim to produce EoUs that convey a potential for infringement and leaves no claim element unmapped.
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