Performing Anomalous Infringement
An infringement search is one of the most important searches designed to help the patent owners or inventors to ascertain that their patented technology is not being used without their consent. We at LogicApt help our clients by conducting detailed searches for identifying any products that may infringe on the patent, the infringement search results in identifying a list of products/services/standards that may be based on the technology of the subject patent.
For performing an anomalous Infringement search we begin by understanding the subject patents provided by the client and identify the claim’s key elements and the novel points by utterly analyzing the file wrapper of the subject patent. Once the key elements and novelty is identified, a traditional search for infringement is conducted, which leads to the searching of the products and services in the market, infringing all key elements and novelty points of the independent claims present in the subject patent. The product that is infringing all claim elements are then mapped in detailed claim charts using the different formats of color coding.
There are times when the prevalence of infringement is demanding, severe and crafty, which leads us to accept peculiar methods to meet the needs of the clients. These situations leads to the case that is arduous to be infringing using the conventional approach. As no product found seems to be directly infringing on the confining elements of the claims because of the limited information present on the internet. So, in such cases, we follow the way of unconventional methods to provide the client with what they expect for.
Recently, we performed infringement for Company X, which provided us with the patents and asked us to search for the products from Company Y, which are likely to infringe on the technologies of Company X. According to the claims we testified that the things were the same but we’re not able to provide the proofs in written as web searching was not enough. So we went to a higher level:
We purchased the product to be infringed from company Y and by using the product we got an idea of the product working and the processes working at the back end. We considered all the claim elements and then searched for similar features in the infringing product and used those features for understanding it’s working.
- For the patents relating to the field of telecommunication we’re able to identify some telecommunication standards which disclosed all the elements of the technology claimed and the products identified in acceptance with the standard. The standards are then mapped across the identified products, and also suggest the client to declare their subject patent as SEP (standard essential patents) by contacting the SSO (Standard-setting organizations).
LogicApt has a team of experienced workforce, consisting of Engineers, Bachelors, Masters and PhDs from varied technical backgrounds, including Computer Science and Information Technology, Electronics and Communications, Electrical and Mechanical domain. Many of our team members have a Law degree in addition to the technical degrees making them ideal for Intellectual Property related services.