A patent grants the right to exclude others from practicing the claimed invention. In spite of what many consultants and licensing professionals would have their clients believe, aside from a sale of the asset, patents only generate significant licensing revenue if a potential licensee knows that the patent holder can and will enforce the patent. Patent assertion is costly, risky, and stressful. TPL’s extensive litigation experience and our tenacious nature allows us to maximize the possibility of a victory should it be necessary to enforce a patent, and allows our clients to focus on their primary business.
To prove an accusation of infringement, a patent owner must show that each and every element of a patent claim is present in the accused product or service. TPL performs the appropriate reverse engineering to collect evidence, and documents that evidence in a way that the litigation team can use to prove the case. When a multitude of product lines and individual models need to be examined, TPL keeps you organized and insures that an appropriate chain of custody is in place for all evidence.
Art that an opponent asserts to “invalidate” a patent needs to be carefully examined to determine what differences exist between that art and the patent. TPL’s team of experts performs this analysis and produces comprehensive reports detailing distinctions between the prior art and the patent’s claims in a way that your legal team can understand and effectively argue.
From presentations for Markman hearings, tutorials to the court, right up to and though 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.