Case Studies / Success Stories

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Software

Our Client v. Fortune 100 Company 

 

Identifying critical code snippets to uncover evidence of infringement and helping the client settle in multi-millions.

Mission
The client came to us with a software patent portfolio and wanted us to identify important products that would have infringed on these patents. His main objective was to license the patents and identify parties who were infringing on these patents.

PatBak Intel
PatBak amassed a core team of experts who were exceptional at computer forensics. The strategy was to have enough arsenal to identify critical code snippets while conducting a source code review for the company products that were infringing on the patents. Microsoft was one of the companies identified whose MS Office Suite was believed to be infringing on the patent claims.

The team began its analysis by identifying publicly available evidence and then moved on to conducting a source code review of the suite. By analyzing over a million lines of source code, the team was able to identify the critical evidence which showed patent infringement. PatBak also reverse engineered multiple Office versions to create a timeline of infringement over various versions. The final detailed analysis in the form of detailed infringement contentions which included several code snippets were prepared and submitted as exhibits. In addition to this our team was also able to pull out approximate damage figures which Microsoft owed to our client.

Client Gain
The opposing counsel realized the enormous amount of evidence we had and offered a multi-million dollar settlement rather than directly going to trial. The client was ecstatic with the amount offered and was also highly impressed with the way we handled and responded with evidence. The efficiency of our analysis helped our client immensely and was able to cut down his litigation costs by more than 60%.

 

 

Our Client v. Amazon, et al.

 

Mission
The client came to us with patents focusing on gaming mice having a DPI switch. He wanted us to identify important products that would have infringed on these patents. The client intended to license the patents by sending out the letters to the infringing party along with evidence so as to convince them into signing a licensing deal.

PatBak Intel
PatBak assembled a team of experts and started devising a plan to identify as many infringers as possible. By focusing on the patent related to gaming mice having a DPI switch, a process was developed to identify infringing products. The team decided to identify key players who manufacture such mice by extracting the products from e-commerce websites such as Amazon, Best Buy, Staples, New Egg, etc. and then extracting data sheets from the company’s website.

By identifying best seller mice in the gaming industry, close to 20 important targets were identified. All the relevant evidence was gathered. To further enhance the evidence support, bestselling mice of every identified company were purchased, dismantled and photographed closely to showcase the infringement. In addition to this, the team prepared an expert report with this body of evidence to relieve as much work load as possible from the testifying expert.

Client Gain
Opposing counsel offered to settle based on our mass amount of evidence. Our client was ecstatic and attributed the settlement offer largely to our team’s high quality work. Moreover, the efficiency and depth of our analysis helped the client save hugely on litigation costs.

 

Our Client v. Nintendo

 

Mission
The client came to us with a patent pertaining to optical tracking of a wireless pointer. The client had an objective of targeting Nintendo’s Wii and Wii U gaming consoles for infringement against their patent.

PatBak Intel
PatBak pooled a team of experts and worked on quickly identifying the relevant scenarios under which the gaming consoles from Nintendo would infringe. The team carried several tests by playing games on the Wii console and then video graphing the whole event to provide the best infringement support. Moreover, the analysts also identified tutorials, gameplays from several web resources like daily motion, YouTube etc. to further strengthen the evidence support.

Furthermore, the team also worked on identifying as many games as possible for infringement support. This strategy helped our analysts to come up with higher Damages than initially forecasted. Our team prepared the expert report by utilizing all the gathered evidence and helped the testifying expert in coming up with a heavily loaded arsenal of arguments and evidence to justify the infringement.

Client Gain
The case is ongoing. The client was thrilled with the overall processed approach of PatBak and how our analysis helped him significantly in cutting down on his forecasted litigation costs.

 

Our Client v. Multiple Defendants

 

Mission
The client came to us with a patent portfolio focusing on the technology of deduplication of files using techniques such as Hashing. The client’s objective was to identify important companies who were using several deduplication techniques in their service offerings.

PatBak Intel
PatBak formed a team of experts who started analyzing several companies and identified 6-8 key players such as McAfee, Google, Facebook, Yahoo, Apple, Semantics, and Microsoft etc. whose products offered such functionalities. A source code review was conducted on their products to confirm the infringement and relevant code snippets were identified. This along with detailed publicly available research helped us in preparing detailed infringement contentions for our client. Using these analyses, the client was able to file infringement cases using the infringement charts we provided.

Client Gain
The successful target scouting of key market players and subsequent litigation filings against them for infringement helped our client enormously. The targeted players eventually settled for multi-million dollars.

 

Our Client v. HTC, et al.

 

Mission
The client came to us with a patent pertaining to providing a key or a button or an icon tied to the user operation in a computer and upon interaction with that key or a button or an icon, the steps to retrieve names and addresses related to that information was fetched and displayed. The client’s objective was to identify important companies and their smartphones and or other computer software products who were providing such an interface with a key or a button or an icon and subsequently fetching the information as explained in the patent.

PatBak Intel
PatBak pooled a team of experts who started analyzing major smartphone players and their applications who provided such patented functionalities. The team purchased several smartphones from HTC and other android market players such as Sony, Motorola, LG and Apple iPhones and iPads and carried several tests by interacting in applications such as Notes, Email, Messages, Maps etc. and looked for availability of Keys or Icons which ended up retrieving names and addresses against that information. The functionalities were captured as screenshots for infringement support. Moreover, the analysts also identified tutorials, videos from several web resources like daily motion, YouTube etc. to further strengthen the evidence support.

Furthermore, the team also worked on identifying as many mobile phone models as possible to showcase the infringement. This strategy helped our analysts to come up with higher damages than initially forecasted. Our team prepared the expert report by utilizing all the gathered evidence and helped the testifying expert in coming up with a heavily loaded arsenal of arguments and evidence to justify the infringement.

Client Gain
PatBak helped the client settle for a multi-million dollar figure. The client was thrilled with the overall processed approach of PatBak and how our analysis helped him significantly in cutting down on his forecasted litigation costs.

 

Our Client v. Netflix, et al.

 

Mission
The client came to us with a patent pertaining to sending data from a remote site to the client’s computer having two sets of information which may include text or graphics, the second set of information having a distinct difference in appearance from the first set and including further information in the form of hyperlinks. The technology of the patent was similar to email subscription that floods our inboxes daily. The client’s objective was to identify important companies and their email newsletters or other products that provided such interface with two distinctive sets of information and also containing hyperlinks.

PatBak Intel
PatBak formed a team of experts who started analyzing major companies and their products such as email campaigns etc. and the way they hooked up their subscribers to look for similarities in functionalities of infringement. The team subscribed to the emails from several major players like Netflix, Groupon etc. and looked for availability of two distinct set of information transmitted from their remote servers to the client’s inbox. The functionalities were captured as screenshots to show infringement. Moreover, the analysts also identified tutorials, videos from several web resources like daily motion, YouTube etc. to further strengthen the evidence support.

Our team prepared the expert report by utilizing all the gathered evidence and helped the testifying expert in coming up with a heavily loaded arsenal of arguments and evidence to justify the infringement.

Furthermore, the team also worked on identifying as many additional infringers as possible to showcase the potential his patent had in terms of scouting so many additional companies. This strategy helped our analysts to come up with larger pool of infringers than initially forecasted to target in the second round of litigations.

Client Gain
PatBak helped the client settle for a multi-million dollar figure. In addition to this, he was also aware of several new companies to target. The client was thrilled with the overall processed approach of PatBak and how our analysis helped him significantly in cutting down on his forecasted litigation costs.

 

Our Client v. Multiple Medical Device Companies

 

Mission
The client came to us with patents focusing on a blood test device. He wanted us to identify important products and companies that would have infringed on these patents. The client intended to license the patents by sending out the letters to the infringing party along with evidence so as to convince them into signing a licensing deal.

PatBak Intel
PatBak assembled a team of experts and started devising a plan to identify as many infringers as possible. The team started with understanding the patent and its claims. The team developed a process to identify all the products and companies selling blood test devices. By identifying best-selling products in the medical device industry, close to 10 important targets were identified. All the relevant evidence was gathered. To further enhance the evidence support, detailed product testing was conducted and extensive research was done on all the important targets. The team prepared the infringement claim charts for each of the infringing targets.

Client Gain
PatBak helped the client to settle based on our mass amount of evidence. The client was thrilled with the overall processed approach of PatBak which helped him save huge litigation costs.

 

Our Client v. Ameriforge Group

 

Mission
The client came to us with his patent related to gate valves and, more particularly, to a large I.D. [inner diameter] gate valve with a cutter operable for repeatable cutting pipe and/or wireline so as to be especially suitable for replacing an entire BOP (Blowout Preventer) stack in a lower riser package. The aim of the invention was replacing a traditional BOP with a gate valve to thereby save space, initial costs, and maintenance costs that is especially beneficial for use in offshore subsea riser packages. His patent was challenged through an inter-partes review petition in which the petitioner had come up with prior arts that potentially anticipated his patent and rendering it invalid.

PatBak Intel
PatBak assembled a team of experts and started with the understanding of the patent that was challenged. They also chalked out a detailed understanding of the claim construction. All the prior art references were thoroughly analyzed to understand how the petitioner used those prior arts to create invalid arguments. Then the team started preparing counter arguments against the prior arts challenging the validity and come up with strong articulations supporting how the prior arts are different and in no way rendering the claims of the client’s patent invalid.

All the grounds of unpatentability were counter argued with strong comments which helped our client to challenge the IPR review and dissolve the petitioner’s claims. In addition to this, the team prepared an expert report with this body of counter arguments to relieve as much work load as possible from the testifying expert.

Client Gain
The judge read our counter arguments and asked the petitioner to withdraw his IPR petition. Our client was ecstatic and attributed the decision of the PTAB largely to our team’s high quality work. Moreover, the validity of the client’s patent was intact and we offered to assist him with target scouting whenever he wanted to go ahead and file the litigation.

 

Our Client v. Multiple Defendants 

 

Mission
The client approached us with his patented Home Security system. He wanted us to identify all the companies and their products that were infringing on his system. The long term vision was to license his patent to the infringing companies.

PatBak Intel
PatBak’s team of security experts started understanding the Home Security system and supporting patent. Once the technology and the key elements were clearly understood and discussed with the client, the team formulated a strategy to identify probable infringers. The strategy consisted of three phases; Searches on Retail websites like BestBuy, Amazon, etc., searches on product databases, and searches on the internet. After an exhaustive search, a list of probable infringers was prepared. This list was then segregated on the basis of several market parameters. The identified products were then charted against the claims of the patent and presented to the client.

Client Gain
The opposing counsel realized the enormous amount of evidence we had in our charts. Our client was offered a multi-million dollar settlement rather than going to trial. Our client was very happy and attributed the settlement offer largely to our team’s high quality work. Moreover, the efficiency and depth of our analysis helped the client save the unnecessary costs and hassles of litigation.

 

Our Client v. Lightning Pioneers 

 

Mission
Our client, a key manufacturer of LED lamps, identified one of its competitor’s products to be potentially infringing on their patent. He approached us for infringement claim charting for a product of one of the key players in the LED industry. The client required us to review the technology used in the potentially infringing product and draw parallels with the patent that it owned to establish grounds for infringement. The client also needed a relative sales volume estimate of potentially infringing products from the leading companies in the industry identified by the client.

PatBak Intel
Our team analyzed the patent and reviewed the technology used in the potentially infringing product. The team searched for evidence of use that included press releases, white papers, datasheets, and product videos, related to the identified products in various publicly available domains. After exhaustive analysis and determining the relevant evidences, the team prepared an infringement chart for the client. The infringement chart depicted element wise mapping of the potentially infringing product with the subject patent.

Client Gain
With our findings and analysis, the client obtained key evidence suggesting that its subject patent was being infringed by the product in question. The opposing counsel realized that we had the evidence to support our claims and hence offered a settlement deal to our client, which he happily accepted.

 

Our Client v. Construction Giant 

 

Mission
The client came to us with a patent related to the construction of an elevated water tank. The client wanted us to identify the invalidating prior arts related to the patent and help him file an IPR against the patent owner. The aim of the invention was to construct the elevated water tank from top to bottom by using jacks.

PatBak Intel
PatBak assembled a team of experts and started with the understanding of the patent. They also chalked out a detailed understanding of the claims. Detailed patent and non-patent research was carried out by the team. The team was able to identify strong prior art against the patent. The team prepared the detailed claim charts for all the prior arts found with articulation explaining each elements of the claim.

All the prior art references were then used to prepare the IPR report. Element by element of each prior art were articulated and explained in the IPR report. All the ground of unpatentability and strong comments helped our client to build a strong IPR report. In addition to this, the team also helped the client in preparing the counter argument received from the patent owner.

Client Gain
The client was impressed by the prior arts provided by the team and with the element by element articulation of the claim from each prior art reference. The efficiency and depth of our analysis helped the client save hugely on time and litigation costs.

 

Our Client v. Chemical Giant 

 

Mission
Our client, a Fortune 500 chemical industry giant, wanted to carry out a Patent landscape study in order to gain insight on in-situ generation or purification of Nitric Oxide which can be used in medical and therapeutic applications. The client needed a full understanding of the market and technology landscape, including major competitors, their relative positions in the market, current technology trends, and gaps in the current technology landscape.

PatBak Intel
Our team extensively researched the technological developments for in-situ generation of Nitric Oxide. The technical research was performed on various fronts such as reactants used for NO generation, physiological conditions, reaction mechanisms, generation & delivery devices, dosage level of NO, forms of delivery, primary action etc. The analysis was conducted in four phases; understanding the technology, strategizing and identification of references, screening of references, and presentation of the relevant information.

Our analysts used the combination of assignee based, class based and keyword based search strategies to capture patents relevant to the technology domain. The relevant patents were analyzed and segregated under various technology heads. Our team generated global technology trends, white spaces in the technology, and competitive positioning of various players based on portfolio quality and size. Standard essential patents were also identified to give the client better picture of the technology.

Client Gain
Our report enabled the client to undertake a detailed review of the in-situ generation technique of Nitric Oxide, chemistry behind NO production, devices used and the country statistics reflecting the patents distribution in major countries. The client also utilized our whitespace analysis to identify potentially new areas for research and development.

 

Our Client v. Several Fortune 100 Companies 

 

Mission
Our client, an independent inventor, wanted to file a patent infringement suit against several Fortune 100 companies including technology giants and financial institutions. His patent disclosed a system for authenticating the identity of a requester to make an online payment. The client had identified several companies that were using the claimed invention. PatBak was engaged for articulating and drafting infringement contention theories against the accused products of the probable infringers.

PatBak Intel
The project was handled by our team of legal and subject matter experts specializing in Finance and Online security and payment technology. The team started by analyzing the subject patent and infringing systems. The team initially examined all the technical documents of the accused devices and then looked for evidence by performing tests on the accused systems. Further, the team took snapshots of the accused instrumentalities of the devices, which formed the basis of drafting the infringement contentions. Subsequently, the team articulated and drafted infringement contentions for each claim element against each of the accused systems. The team had to make several revisions to get to the final infringement theory which would completely cover the scope and support the claims. The articulation for each element was supported by appendices, which contained the snapshots of the accused system features, snapshots from publicly available information and other evidences.

Client Gain
Our client and his counsel realized that we had all the evidences we needed to support our claims. The client praised our report format as it was court-ready and complete in all aspects. The efficiency of our analysis helped our client immensely and was able to cut down his costs to half of what he would have spent otherwise.