A manufacturer or service provider accused of infringement faces a bewildering array of decisions and must move quickly to assess risk and mitigate damage. Although your legal team provides the first line of defense in a patent infringement suit, there are a multitude of tasks and issues to be addressed, and addressing those tasks and issues can cripple your product and management teams. TPL can provide assistance in defending against accusations of patent infringement and keep the involvement of key people in your company to a minimum.
Does the product work the same way as claimed in the patent? Although the patent holder will rapidly conclude “yes,” thorough analysis and documentation of the actual operation of the product (or service) is necessary. TPL works at the direction of your litigation team to get the right analysis done in the appropriate timeframe.
TPL searches not only the patent prior art, but scours the academic and trade literature, as well as looking for prior products and prototypes that bring the validity of the patent into question.
From presentations for Markman hearings, tutorials to the court, right up through jury trials, TPL develops appropriate and cost effective presentation materials that convey the technical information in the correct legal context. TPL’s “keep it simple” philosophy allows us to use basic presentation tools in the vast majority of cases, but incorporates the use of sophisticated simulations and animations when necessary.
TPL uses its internal staff of Ph.D.’s and Subject Matter Experts (SMEs) as technical experts, both in testifying and non-testifying roles. When necessary, TPL utilizes its extensive industry network to locate and retain external specialists such as academics and world-class researchers. TPL provides for careful management of those experts, insuring that their time is used appropriately and for the right tasks.