Patent infringement is a two step legal analysis. First, the claims of the patent are construed to determine, as a matter of law, what they mean. Claim construction, or the meaning of the patent claims, is generally determined by review of intrinsic evidence pertaining to the patent. Intrinsic evidence includes the patent itself (claims, specification, drawings), the file history comprising records of the prosecution of the patent before the U.S.P.T.O, prior art made of record during the prosecution, and file history records of any related patent applications claiming common priority to the patent at issue. If claim meaning cannot be determined by the intrinsic evidence, extrinsic evidence may be considered. Extrinsic evidence may include technical dictionaries or treatises contemporary in time to the priority date of the patent and relevant to the particular field or industry, industry use, prior art patents, evidence of what one of ordinary skill in the relevant field knew and/or inventor or expert testimony.
Next, the construed claims are compared to the accused product. The accused product is compared on an element-by-element basis and infringement exists only where each and every claim element is present in the accused product. Arguments and amendments made by the patent applicant during prosecution of the patent and prior art may limit claim scope. Direct infringement may occur literally or via the equitable Doctrine of Equivalents where the claimed invention and accused product have insubstantial differences. There also exists indirect infringement liability for contributory infringement and/or inducing others to infringe a patent.
Many patent cases may be won or lost based upon claim construction rulings. We have significant experience in analyzing patent claims and are experts at preparing the detailed technical analyses needed for infringement assessments. We are experts at preparing technology tutorials and Markman hearing presentations, as well as designing persuasive, instructive and understandable visual aids to assist us in communicating merits throughout a patent case. We seek to simplify complex technologies and legal issues to make them understandable to lay people. Our attorneys are experienced in litigating infringement issues for a broad range of technologies, including:
- Computer software, hardware and peripherals
- DSP (audio, video and speech signal compression)
- Business methods
- Medical devices
- Mechanical Engineering technologies
- Chemical technologies
We represent United States and overseas clients as plaintiffs and defendants in courtrooms throughout the United States. We creatively explore means within the courts, as well as business solutions to legal disputes, to obtain favorable early case resolution. Whether your mission is pursuing a strategic licensing initiative, defending against accusations of infringement, or litigating a claim to verdict, we stand ready to assist you in achieving desired results.
At Traverse Legal, we have the technical expertise to back up our trial skills to successfully litigate complex patent cases. We look forward to effectively teaching and translating complicated technologies and issues to lay judges and juries in courtrooms throughout the country. Unlike many large firms, we are not strapped by high associate salaries and do not overstaff litigation teams. We provide personalized service – with us, you retain lawyers who are accessible and care about client service. We utilize flat fee / project billing where possible, with clearly defined expectations and deliverables, so that you are not left wondering what hourly billing rate based fees will accumulate for a particular project, or reluctant to communicate with us for fear of increasing your bill. We strive to have a client’s business interests drive litigation, rather than allowing a legal dispute to dictate core business.
Traverse Legal’s Patent infringement attorneys can assist in across of wide range of patent issues including patent infringement, patent enforcement, patentability, and patent rights.
Contact one of our patent infringement attorneys today for a free consultation toll free at 866.936.7447.