IP Defense
For Plaintiff
Evidence of Usage (EoU) in Products/Standards: We, at Winsome IP, specialize in performing exhaustive product search to identify infringing products/services. We can either focus on a specific set of target companies or run open searches to identify all the players using the patent technology. While performing the product search for a patent, we take care of the priority data of the patent and launch date of each of the products/services being considered.
Due to our sound technical background, we have the required skills to study technology standards such as IEEE, ITU and ITSI standards, in detail and check for infringement.
Market Intelligence and Assessment of Target Products: Once the infringing products are identified, it is important to perform the market assessment of the products. Some examples of the data points identified in a market assessment of a product are as follows.
- Revenue associated with the product or the product segment
- Growth prospects
- Market Size
- Award/Recognitions
Preparation of EoU/Claim Charts: We have extensive experience in generating detailed/Rule 11 claim charts. EoU/Claims charts are documents that illustrate the extent of overlap between one or more claims and a target product. We make sure that we perform a thorough file history analysis of the patent and take into account any prosecution history estoppel in claim construction. If required, we also include specification support associated with each of the claim limitations. You can use these documents for making convincing arguments in licensing negotiations.
For Defendant
Invalidation Search: If you are in litigation as a defendant, we can perform exhaustive invalidity assessment of the asserted claims to uncover closest/mapping prior art references. We, at WinsomeIP, use systematic and logical approach with a thorough review of the File Wrapper and Prosecution history of the patent aa understanding the Novelty of the Invention is of utmost importance. Our technical experts have provided our clients with prior art references that have been successfully used during infringement trials or Licensing deals.
Non-Infringement Analysis: We have expertise in performing non-infringement analysis to differentiate your products/services from the asserted claims. The objective is to prove non-infringement both literally and based on Doctrine of Equialence. Typically, we construe the claims based on specifications/file history analysis and thus, compare the product/service/standard with the constructed claims. Based on the comparison, we uncover flaws in the mapping or form counter claims.