Services

Patent Litigation Technical Support

PatBak partners with your litigation counsel and testifying technical experts to add deep patent litigation technical support and technical expert consulting support experience to help you achieve your litigation objective. We work with counsel on developing claim construction theories and support, Markman presentations, technology tutorials, preparation of technical questions for depositions, technical document and source code review, and providing your technical expert consulting support in report and declaration drafting.

PatBak provides comprehensive and experienced technical and analytics support services for patent litigation from behind the scenes. With the fast pace of today’s global economy, your client or business cannot allow operations, R&D or commerce to be held up. Our patent litigation support services, from pre-litigation assessment to contentions drafting to expert report support to technical expert support, help to produce the desired outcome in your patent litigation. We back your legal team every step of the way through the duration of your patent litigation cycle to provide the technical and patent analytics support you need to evaluate, construct and plead your case.

Given the expense of patent litigation, it is important to focus your resources on winnable cases and winning strategies. PatBak works with you or your counsel to help evaluate where the strengths and weaknesses of your case lie. We provide you with clear assessments of the validity or invalidity of the patent in question and its infringement so that you can independently assess whether the case is worth your time and the cost investment. If you choose to proceed, PatBak helps you to optimize your theories and gather facts from start to end by providing infringement support and invalidity support and preparing corresponding infringement charts and invalidity charts to help you get a good grasp of the evidence found.

We perform risk-benefit analyses that arm you with the data needed to gauge wherein best lies the probability of success and deliver it in the form of an infringement chart. Our unique work product provides you with a rated summary of prior art and infringement evidence for the products at issue in the infringement chart. We conduct our own factual investigation starting with our own expert panel of engineers and analytics professionals to provide you with a clear view of how to proceed with the litigation. We furnish you, in an infringement chart, with the information you need to take the fundamental decision of whether or not to move forward with the litigation.

Infringement contentions in patent litigation are like cement in construction. They are the foundation of your case and the glue that crystallizes your legal theories. And, as with construction, a weak foundation of incompetently formulated arguments combined with shoddy technical analysis can cause your case to crumble down around you.

Our experienced team of technical patent analytics specialists works with counsel to help formulate and find the best infringement support for the infringement theory, for each asserted claim of the patent infringement contention.

When invalidity contentions are filed by the Defense, it is essential to take aside the time to fully assess those invalidity contentions and to develop powerful counter-arguments. PatBak can do this at a cost substantially lower than the cost of testifying technical experts, who are often given this task.

At that time, it is critical to identify the most consequential out of all the customarily voluminous prior art cited by the Defense and focus on drafting counter arguments against them. Our team of experts analyzes each reference cited by the Defense as invalidity support and rates each reference on a claim element by claim element basis. Our unique work product highlights the identified prior art and the infringing products on a scale of 1-10 then pinpoints the chief references for each element and provides the chief counter arguments against them in invalidity charts.

Often, the other side has produced a mountain of documents making it difficult to unearth key infringement facts. Our team of technical experts analyzes technical documentation to arm your experts with the clear facts to support infringement. PatBak’s team of code reviewers and testifying experts also works with plaintiffs and law firms to provide the evidence to support infringement by reviewing technical documents and source code of accused instrumentalities. Our source code review team has extensive programming experience and patent knowledge to execute a targeted code inspection to identify infringement. Acting as a testifying technical expert’s back office, the source code review team provides the testifying expert with all the required evidence supporting infringement.

In its simplest form, a legal case is basically the telling of a story. Patent litigation is no different, other than that it is the telling of a technical story. Delivering that technical story, which is dotted with complex information, in an easy to understand and persuasive manner is critical and must be approached with a view towards persuading the jury, supporting the infringement and not being later reversed. Patbak works with your team to construct a theory around your claim language and to identify claim elements that should be construed as well as their optimal constructions. We also help your team formulate constructions and support for claim terms identified by the defense. We help package the technology for the judge's understanding through Markman presentations and tutorials in an effort to win both heart and mind.

Constructing the claims is an exceptionally specialized skill which involves a high degree of technical expertise that goes well beyond the skill set of even the best attorneys. Claims are typically written using a combination of technical and ordinary words and are mixed with legal jargon, all of which may be subject to interpretation. Our technical experts work with you to develop your claim constructions by identifying such legal jargon and disputable words by taking specifications of the patent and extrinsic evidences as a guide. We help you in developing a technical theory by identifying key aspects of the technology.

Technical expert reports can "make or break" the case and are often very costly. Using our services makes this part of the process much more affordable. We appoint technical experts to assist testifying experts in the legwork and analysis needed to support their expert reports by gathering and compiling the key infringement evidence identified from the technical documentation and source code review, once again in the role of the testifying technical expert’s back office. As the testifying expert’s back office support, we also help them present those facts in his or her report.

The old adage “the best defense is a good offense” is true in many situations. In the arena of patent litigation, what holds even truer is that the best defense is precaution. You can help safeguard against a potential patent infringement claim by having us conduct an initial investigation of your competitor’s technology and how their patents may relate to your products.

When you have been sued for patent infringement, it is important to optimize your defense quickly with concrete invalidity support and not chase rabbit trails if you want to maximize your litigation dollars. We perform an initial analysis at the outset of the lawsuit to assess where your best non-infringement and invalidity arguments may reside that helps you weigh the strength of your patent defense case, arming you with the data needed to gauge the probability of success. Our unique invalidity support work product rates the identified prior art on a claim element-by-claim element basis for invalidity charts to help you focus your invalidity case. Likewise we help you optimize your non-infringing case on a scale of 1-10. Our invalidity support work and invalidity charts provide the intelligence you need to cultivate your defense strategy.

PatBak assist our clients who have been sued for patent infringement in searching for the high value prior art against the asserted patents. With the support of our accomplished team of engineers and technical experts, we identify the best prior art references and formulate the arguments as to why it anticipates each asserted claim or renders it obvious. We then draft the invalidation contention theories and cite relevant support for these theories. PatBak can provide all this to you at an affordable cost to your client.

Scope of the Search & Analysis Strategy
We provide invalidity support by conducting an invalidity search seeking prior art relating to the claims of the subject patent. We review thousands of references and analyze the most pertinent references found filed and/or published before the critical date of the patent. Subsequently, we devise a theory explaining why the prior art anticipates the claims of the asserted patent. This theory is supported by citing relevant portions thereof on a claim element basis as a part of the invalidity charts in the annexures.

The claim charts submitted as part of these Invalidity Contentions cite to particular teachings and disclosures of the prior art as applied to features of the Asserted Claims. The charts indicate, for each element of each Asserted Claim, at least one location in each cited item of prior art at which the limitations of a given claim limitation may be found.

Based on the invalidity contentions, we evaluate each claim element against the cited sections of the prior art and provide a relevancy score on a scale of 1-10.
The evaluations with a rating of 8-10 are found to be well anticipating the claim elements.
The evaluations with a rating of 5-7 are the ones which partially covered the concept of the claim elements.
The evaluations with a rating below 5 are found to be not relevant
In addition to this, we also provide arguments supporting our evaluation.
We also indicate the relevant section from the invalidity contention charts, based on which we have given that evaluation.
Based on the evaluation, the top 10 references against every asserted claim are identified and reflected in a graph. These references are identified based on the cumulative score of their evaluations by the analysts.
The detailed evaluations are provided in an evaluation matrix.

When our clients who have been sued for patent infringement receive the infringement contentions, PatBak puts on boxing gloves to help Defense counsel in preparing a Non Infringement Analysis by identifying and formulating their best non-infringement arguments. We can do this at a cost substantially lower than the cost of testifying technical experts, who are often given this task.

We pinpoint flaws in the other side’s infringement contentions then provide the Defense with counter arguments to the infringement contention theories filed by the Plaintiff, which testifying experts can further develop into their expert reports. We use an internal proprietary scoring system to rank the other side’s infringement contentions to help isolate their weakest arguments and your strongest counter-arguments.

One event Defense can count on is receiving very broad document requests as soon as discovery begins. To avoid falling behind in document collection, review and production, our clients turn to us to help identify, review and begin collecting potentially relevant technical documents even before discovery begins. This will allow them to hit the ground running on discovery and head off potential discovery motions. Rather than getting bogged down, our clients can go on the offensive and focus on document requests to the plaintiff and seeking third-party discovery.

In its simplest form, a legal case is basically the telling of a story. Patent litigation is no different, other than that it is the telling of a technical story. Delivering that technical story, which is dotted with complex information, in an easy to understand and persuasive manner is critical and must be approached with a view towards persuading the jury, supporting the non-infringement and not being later reversed on appeal.

We work with your team to construct a theory around your claim language and to identify claim elements that should be construed as well as their optimal constructions. We also help your team formulate constructions and support for claim terms identified by the plaintiff. We help package the technology for the judge's understanding through Markman presentations and tutorials in an effort to win both heart and mind.

Constructing the claims is an exceptionally specialized skill which involves a high degree of technical expertise that goes well beyond the skill set of even the best attorneys. Claims are typically written using a combination of technical and ordinary words and are mixed with legal jargon, all of which may be subject to interpretation. Our technical experts work with you to develop your claim constructions by identifying such legal jargon and disputable words by taking specifications of the patent and extrinsic evidences as a guide. We help you in developing a technical theory by identifying key aspects of the technology.

Sooner or later defendants are almost always going to need a technical expert (or two), and sooner is generally much better than later. PatBak can start supporting your expert early in the case and do the legwork and analysis to help the expert identify and articulate non-infringement and/or invalidity theories and even create invalidity charts, thus helping to shape the defense and discovery strategy from the very beginning. PatBak can act as your testifying technical expert’s back office through the litigation life cycle. As the testifying expert’s back office support, that can mean down to helping the technical expert present the key non-infringement facts identified from the technical documentation into his or her report.

Inter Partes Review - Respondent

If you have had an IPR filed against you, we can help to keep costs down by working with IPR counsel to analyze the arguments for invalidation and develop detailed counter arguments in support of IPR submissions. PatBak supports defendants in drafting arguments to challenge the validity of patent claims based on prior art and printed publications. We execute an exhaustive search of prior art and then work closely with counsel in drafting these arguments. You can capitalize on our assistance in several ways: by applying these arguments in your response papers, technical declarations or expert reports.

As a cutting-edge company, you want to stay on top of infringement of your patent portfolio. Our Evidence of Use products present you with a clear picture of your patents and potential infringers. We provide technical consulting to furnish you with the publicly available evidence linking your patent’s claims to products which can be instrumental in supporting infringement allegations or in augmenting the strength of a patent for assertion.

A crucial action in protecting your patent portfolio is to identity the patents that are the most likely to be infringed upon. PatBak is able to reconnoiter your market and identify high-visibility products with large market presence that use your technology and show how your technology is being used.

You are about to launch a new technology. As a prudent company, you want to first determine your patent infringement risks by checking for in-force patents that could be relevant to your roll-out. PatBak’s team of technical experts prepare a detailed Freedom to Operate search report to assist our clients in determining potential obstacles to marketing your intellectual property. This vital step examines the claim language of such patents in order to gauge your risk of potential infringement. FTO analyses are crucial to locate patent claims that may apply to your proposed product, apparatus or method.

The intelligence you gain from an FTO analysis will help your R&D Department avoid pitfalls in new product development.

Search strategy: Our Freedom to Operate search is conducted in the following three phases.

Phase I	Phase II	Phase III
Product Disclosure is understood	Relevant IPC classes are identified.	Important assignees and inventors are identified based on relevant patent references.
Key features based on product provided are identified.	Broad keyword based search is carried out.	Search is conducted for identified assignee and inventor names.
Keywords and their synonyms are listed down.	Prior art references which disclose, teach, or suggest one or more elements of the product disclosure are identified.	Citation analysis is performed on relevant patents to uncover further prior art.

Please note that the term ‘patent’ used herein includes both granted patents and published applications.

To maintain a competitive edge in today’s commercial world, your R&D forecasting and new technology development depend on crucial competitive intelligence and analysis of the current IP climate.

Our Patent Landscape analysis depicts how and how much your competitors are protecting their inventions in new technology. You know who your major competitors are, but who is emerging and in what ways will their technology impact you? PatBak supplies you with a good understanding of your technology domain including where your major players stand in their patent protection, where their technology is moving, and where there is current "white-space." This high-value diorama of the technology sphere arms business executives and advisers with the in-depth knowledge needed to make savvy business capital decisions regarding where their R&D can best be directed.

For a client currently active in a specific area of technology, our analyses help you to chart a course around the current art by informing our client what technology already exists and how it can be built upon, who are the new competitors, and what are the industry trends and major developments in the field.

A comprehensive overview of the current patent literature arena in a general or specific area of technology serves as a frame of reference for creating innovative products and processes and also can save precious time and money by avoiding unfruitful tracks.

You or your client is a technology company who has been blindsided by a patent infringement case. You need to find the significant prior arts to support your defense of the litigation.

PatBak’s team of technical experts conducts exhaustive prior art searches for our clients. Whether you are seeking to validate the enforceability of your patent’s claims or to invalidate one or more claims of a patent when faced with an infringement allegation, we arm you with the facts of where the patent stands. With judgments having the potential of running into hundreds of millions of dollars, it is prudent to have a team supervised by a highly experienced U.S. patent litigation attorney handling your patent invalidity search.

A Patent Invalidity search is typically used as the first line of defense when confronted with allegations of patent infringement. Alternatively, a Patent Validity Search can be used when a client wants to confirm enforceability of a patent that they are considering asserting, licensing, buying, or selling. Our clients will gain a stronger position in negotiations if they are secure in the knowledge that their patent can endure an assault on its validity.

Search strategy
Our Invalidity Search is conducted in the following four phases.

Phase I	Phase II	Phase III	Phase IV
We examine the subject patent and its prosecution history.	We identify relevant IPC and US classes.	We identify assignees and inventors of the most relevant patents.	We conduct a search for nonpatent literature to uncover relevant prior art.
We identify key claims based upon our examination and any additional information provided by the client.	We carry out a broad keyword based search within the identified classes.	We conduct a second search based upon the identified assignee and inventor names.	We rank and map the topmost relevant prior art to the claims of the subject patent for easy understanding by the client.
We generate a list of keywords.	We identify patents which disclose, teach or suggest one or more claimed elements of the subject patent.	We perform a citation analysis on any relevant patents uncovered in the second search.	We prepare a report with invalidity charts and conduct a quality check.

You are the R&D Department of a major technology corporation. Your inventors are developing cutting-edge technology regularly. Before you discover too late that someone else has already landed the rights to their inventions, you should consider commissioning a Novelty/Patentability search in early stage innovation (idea stage) or, at the latest, before you file a patent application (depending on your drafted claims).

PatBak provides an affordable patentability searching service through our team of patent engineers meticulously trained and experienced in conducting prior art searches. This multipurpose search serves objectives which are far-reaching in the life of your patent. 1) it helps the patent drafter to write a patent application using claims that define the true novelty of the invention; 2) by bringing the prior art to the surface, the patent drafter can formulate the most liberal possible set of claims given the known prior art; 3) it expedites patent prosecution by customizing claims to circumvent prior art before the Patent Examiner conducts his own search, preempting examiner rejections.

Search strategy

Phase I	Phase II	Phase III	Phase IV
Key features in question are understood.	Relevant IPC classes and US classes are identified.	Important assignees and inventors are identified based on relevant patents.	Non-patent literature search is carried out to uncover relevant prior art.
Key features are identified based on additional information provided by the client.	Broad keyword based search limited by US classes and IPC classes is carried out.	Search is conducted for identified assignee and inventor names.	Relevant patent prior art is color coded and matched with key features for easy understanding by the client.
Keywords and their synonyms are listed.	Patents which disclose, teach or suggest one or more elements of the Disclosure are identified.	Citation analysis is performed on relevant patents to uncover further prior art.	Report preparation and quality check.

You are a leading innovator in your industry. You have learned the hard way that a Patent Infringement Search is a wise investment. Many companies have made the mistake of spending money on research and development and later found out that the product in development was already secured by a competitor’s patent.

The purpose of our Patent Infringement Analysis is to determine whether your proposed product infringes any in-force patent claims, so that you can make business decisions accordingly. You may choose to design around the potential infringement or carry forward with the licensing, or something else entirely. However you choose to proceed, you will be making an educated decision based on the results of our analysis. We furnish you with well documented technical evidence to show how the new device or technology you are contemplating relates to the studied claims of the patent in question. This type of analysis will help your legal team gauge infringement and potential infringement on in-force patents and pending patent applications, respectively.

PatBak presents our clients a Patent Portfolio Analysis which includes a deep examination of their intellectual property and a detailed appraisal of their portfolio. We will provide an analysis of their own company and an analysis of their competitors in order to identify competitive strengths and weaknesses.

Our research team provides a full-scale analysis of the strengths, weaknesses, and comparative value of the individual patents in a patent portfolio. Comparing our client’s patent portfolio against its main revenue streams, we can help determine which patents are hot and which are not.

Our analysts detect opportunities as well as potential threats to R&D strategies by finding potential infringement and licensees. We provide essential intelligence about your patent assets, allowing you to make well informed decisions about your periodic patent portfolio management. You can utilize this wide-ranging patent management and efficacy evaluation tool for everything from competitive analysis to infringement investigation to R&D budget allocation.

Company leaders want to be able to easily gauge the value of their intellectual property to help make crucial decisions regarding their R&D. They want to know “Will my patent withstand potential ligation?', “Is my technology sufficiently solid?” and most importantly, “How much money will it make me”? PatBak provides clients with easy to read, comprehensive reports regarding the commercial value and legal strength of your intellectual property, as well as the value of the particular market protected by the patent. Using state-of-the-art analysis technology and wide-ranging patent analytics programming, our IP professionals break down the factors needed by our clients to assess patent value, make legal determinations, and back financial decisions pertaining to their patents.

Patent Litigation Technical Support

Plaintiff Services:

Defendant Services:

Inter Partes Review Technical Support

Patent Analytics