There was a time when you had to go out and find your patent litigation counsel, your testifying technical experts, your consulting experts and sometimes even a source code review team, coordinate all of them and their interactions and hope for the best. Not Anymore! SethLaw takes care of everything. We provide:
Sharing the Stage
SethLaw partners with your litigation counsel to add deep patent litigation experience and technical expert consulting in addition to technical expert support to help you achieve your litigation objective. We work with counsel on developing claim construction theories and support, Markman presentations, technology tutorials, deposing technical experts and technical 30(b)(6) fact witnesses, and providing your technical expert consulting support in report and declaration drafting.
Behind the Scenes
SethLaw 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 to provide the technical and patent analytics support you need to evaluate, construct and plead your case.
Litigation Assessment & Optimization
Given the expense of patent litigation, it is important to focus your resources on winnable cases and winning strategies. SethLaw works with you or your team 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, SethLaw 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 Content Drafting
Infringement contentions backed up by solid infringement support in patent litigation are the foundation of your case. Writing accurate infringement theories correctly explaining the infringement reads with the proper infringement support as well as submitting them on time are crucial steps in patent litigation. SethLaw’s technical experts help you decide which claims to assert and formulate and identify the best infringement support for the infringement theory for each asserted claim and organize them in infringement charts.
Invalidity Contention Responses
On the flip side, when the invalidity contentions are served by the defense, it is critical to take the time to fully assess those invalidity contentions and to identify the most consequential of all the customarily voluminous prior art analysis and to focus on drafting counter arguments against them. SethLaw’s technical experts analyze each reference cited by the defense as invalidity support and rate each reference on a claim element by claim element basis to pinpoint the chief references for each element and the chief counter arguments against them in invalidity charts.
Technical Document & Source Code Review
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. SethLaw’s team of code reviewers and testifying experts also works with plaintiffs and law firms to provide the evidence to support infringement by software based accused instrumentalities. Our source code review team has extensive programming experience and patent knowledge to execute a targeted code inspection to identify infringement and provide substantial infringement support. 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.
Claim Constructions, Markman Presentations, Tutorials
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. SethLaw 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.
Expert Report Support
Technical expert reports can “make or break” the case and are often very costly. Using SethLaw’s services makes this part of the process much more affordable. We provide technical expert support 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.
Litigation Assessment & Optimization
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’s important to optimize your defense quickly with concrete invalidity support and not chase rabbit trails if you want to maximize your litigation dollars. SethLaw performs 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.
Invalidity Contentions Drafting
SethLaw assists our clients who have been sued for patent infringement in searching for the high value prior arts against the asserted patents. 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 invalidity contentions theories and cite relevant invalidity support for these invalidity contentions theories along with invalidity charts at an affordable cost to your client.
When our clients who have been sued for patent infringement receive the infringement contentions, our technical support experts work with defense counsel in preparing a non-infringement analysis by identifying and formulating high value non-infringement arguments. We pinpoint flaws in the infringement contentions and provide you with counter arguments to the infringement contentions, identifying their most insubstantial arguments and highlighting your most substantial counter arguments.
Technical Document Review
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.
Claim Constructions, Markman Presentations & Tutorials
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 later being reversed on appeal. SethLaw works with your team to construct a theory around your claims language and to identify support the optimal constructions for those terms as well as those identified by the other side. We help package the technology for the judge’s understanding through Markman presentations and tutorials in an effort to win both heart and mind.
Expert Report Support
Sooner or later defendants are almost always going to need a technical expert (or two), and sooner is generally much better than later. SethLaw 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. SethLaw 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
When our clients want to pursue the process of invalidating a patent through Inter Partes Review, SethLaw can represent the client on a flat-fee basis by using our technical teams to carry out exhaustive prior art searches and identify and chart the art. We handle or support all aspects of the IPR including targeting the necessary discovery, working as the testifying technical expert’s back office support and formulating the necessary declarations.
If you have had an IPR filed against you, we can represent you directly or 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. SethLaw 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.
SethLaw provides patent analytics services to help our vanguard clients evaluate, monetize and defend their intellectual property. From patent searches to patent landscaping to patent evaluation reports, our optimal fusion of experts, methods and science help our clients make confident IP decisions while sticking to budgets and deadlines. We assist you to optimize your intellectual property assets.
Patent Analytics services include:
Evidence of Use
As a cutting-edge company, you want to stay on top of infringement of your patent portfolio. SethLaw’s 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 to help you support or augment your infringement allegations.
A crucial action in protecting your patent portfolio is to identity the patents that are the most likely to be infringed upon. SethLaw 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.
Freedom to Operate Analyses
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. SethLaw’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.
Patent Landscapes/State of the Art
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.
SethLaw’s 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? Our technical support team 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 you 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 not only serves as a frame of reference for creating innovative products and processes but also can save precious time and money by avoiding unfruitful tracks.
Patent Validity/Invalidity Searches
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.
SethLaw’s team of technical experts conducts exhaustive prior art searches for our client. 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.
SethLaw’s research team will wade through all prior art including patents, published patent applications as well as non-patent literature. Our technical experts will produce a detailed report complete with claims charts of all the relevant prior art along with the corresponding search strategy, peripheral references and relevant patent classifications.
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).
SethLaw provides companies of all sizes or individual inventors an affordable patentability searching service through our expert team of patent engineers replete with meticulous training and experience in conducting prior art searches. In addition to determining patentability, this multipurpose search will also serve objectives which are far-reaching in the life of your patent. The Patentability/Novelty Search will help the patent drafter to write a patent application using claims that define the true novelty of the invention by pointing out how the product is new, useful, and non-obvious to one of ordinary skill in the art. By bringing the prior art to the surface, the patent drafter can formulate the most liberal possible set of claims given the known prior arts. Another positive outcome of this search is that it expedites patent prosecution by allowing claims to be customized to circumvent the prior art before the Patent Examiner conducts his own search, thereby preempting examiner rejections. Additionally, the results of your Patentability Search improve the defendability of the patent in future by seeing to it that the Examiner acknowledges the most relevant prior art during prosecution.
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 SethLaw’s 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. Our technical experts can 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 is often followed by the writing of a legal opinion, which will gauge infringement and potential infringement on in-force patents and pending patent applications, respectively. SethLaw can also provide a legal opinion, if need be, by a registered patent attorney with over 20 years of patent litigation experience.
Patent Portfolio Analysis
SethLaw can present 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. This portfolio analysis also helps clients to identify patents which are not yielding any financial returns, thereby saving the company money on R&D.
Our research team provides a full-scale analysis of the advantages, disadvantages, 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 team of technical experts detect opportunities as well as potential threats to R&D strategies by finding potential infringement and licensees. Our experienced team prepares detailed reports which help clients maximize the value of their IP assets by identifying possible monetary opportunities such as selling duplicate IP assets. 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.
Patent Evaluation Report
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”? SethLaw 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.