Infringement Studies

Our Infringement Studies Speciality Service identifies potential infringers of existing patents.

Innovative companies have deep and rich patent portfolios which may be infringed by competitors. An infringement study may be appropriate if you suspect any of your assets are being violated or if you are in the process of selling assets. In the case of selling patent assets, proof of infringement can often strengthen the terms of the sale.

Identifying Technology Silos

Many technologies incorporate common subsystems or methods of achieving their means. We work with you to develop a well thought out set of target companies and technologies. This is an important phase of an infringement study since interim patent and product literature studies are necessary to identify target companies. From this, we assist you in identifying the number and type of technology “silos” that establish the scope of the study.

Assessing for Infringement Possibilities

Our analysts work with your experts and counsel to review your portfolio to identify the best candidate patents. The patents selected to receive full study are typically those that show a high potential of being infringed by technologies used in commercial products with large market presence. After patent selection, we build schedules containing details which become the basis for identifying specific technologies and potentially related practicing entities.

Searching, Claims Mapping, Analysis, and Results

Each infringement study begins with search and analysis based on the claims of the subject patent. Unlike an Invalidity Search, we focus on patent literature post-dating the subject patent. Patent literature provides detail that is often sparse in the actual product literature. The initial search provides a landscape of the competitive and non-competitive companies.

Once we have guidance from the patent literature, we perform comprehensive searching of product literature, product catalogs, corporate websites, press releases, etc. Products are identified and paired with the related patents. Claims charts are created which map the product literature, product specifications, patents, figures, and photos to the claims of the patent under study.

Physical products are sometimes purchased and reverse engineered. For some technology areas, we can facilitate laboratory analysis services through third parties. Results of laboratory analysis further enhances the claims charts.

As our well-structured process progresses, a picture emerges regarding the selected assets and infringers. At completion, our process yields specific evidence relating your patents to potential infringers’ products via literature and possibly laboratory findings. This body of information is provided to you in clear, well organized reports as well as claims mapping charts.