Validity Analysis
Prior Art Analysis
Identifying potential prior art and mapping to claims for invalidation purposes is something we commonly do for our clients, be it in the context of licensing discussions, litigation preparation, or supporting practice at the PTAB. When looking at prior art issues under 35 U.S.C. § 102 or 35 U.S.C. § 103, we call upon in-house experts and consultants who are attorneys and patent agents, yet also happen to be subject matter experts.
Reach us by email at [email protected] or click the Contact Us button below and one of our experts will contact you shortly. Let us put our technical knowledge to work for your team. We look forward to partnering with you.
Beyond delivering a report for a patent search or Patent Landscape, our technical experts provide insight from a person possessing ordinary skill in the art at the alleged time of invention. Like infringement analysis, we believe that validity determinations require a claim chart mapping the prior art to each and every element.
Using the chart, our subject matter experts excel in identifying gaps in § 102 references and finding the right reference to combine via § 103. Our analysts and engineers work with prior art like figures, images, scientific journals and papers, and foreign publications that many prior art searchers do not have the time or experience to handle.
Defending Validity
Our experts have been successful in supporting patent owners as they defend their patent against validity challenges. Whether a patent owner needs analysis from a subject matter expert or is looking for an expert to testify, our engineers and technologists are ready to review the references and determine if the case is appropriate for our team. Between our in-house team and our broader network of testifying experts, we likely have a person possessing ordinary skill in the art (POSITA) available to evaluate if we can support.
Like infringement claim charts, we believe validity determinations require a claim chart mapping the prior art to each and every element. Based on our study and the chart, our POSITAs can help identify if an element is missing in a reference or there is a contradiction in claim term interpretations.
Inter Partes Review
We have experience supporting all aspects of PTAB practices, including Preparing a Petition for IPR or Defending our Patent Against an IPR.
PTAB proceedings have added an additional dimension to both patent portfolio management and patent litigation tactics. Whether you are an attorney, operating company or a patent owner, our patent experts are ready to provide technical insight in the most challenging technologies.
We evaluate each potential project on a case-by-case basis before offering to collaborate and our expert witnesses and PTAB support teams are compensated for their time, not their findings.
Patent Litigation & Licensing Support Services
- Expert & Fact Witness Testimony
- PTAB & IPR Administrative Trial Support
- Patent Infringement Analysis
- Reverse Engineering