How to find prior art when mathematical expressions are part of the claim elements?
Finding prior art for a patent that has a mathematical expression or a complex equation in its claim is hard. If you have worked on such cases before, you would know it is not like another keyword-based search that can be done by anyone. Spending more time would also not give you the desired result. […]
Prior Art Search: Digging Deep into Combination Art
As a litigator, you love killer prior art, don’t you? But sometimes you have to make do with 103-type if you are in the US. The sound of 103-type just made you sigh, didn’t it? It is justified too. Weak prior art can create conflicts for any attorney, in any case. Fighting with a 103-type […]
How intellectual curiosity helped us identify a killer prior art in a short timeframe?
Have you ever faced a situation where you had to find killer prior art in a limited time frame? Let me tell you what happened when we faced a similar challenge recently. In this case client wanted a killer art, but within a week. Tom, a European litigation attorney, came to us with a prior […]
Prior art search: When simple and obvious concepts are patented in a different industry
Patent attorneys are often in a zero-sum game when it comes to litigation. Wins are attributed to how strong the prior art is with the attorney. My job is to find this prior art. Most patent search companies run patent searches like every prior art search is same. If I have to be raw and […]
Non-patent Search: How we killed an ecigarette patent
Has this ever happened to you – You are conducting a prior-art search and something keeps on jabbing at the back of your head, questioning whether you have explored everything? Well, it happens to most of us, particularly while exploring non-patent literature. Let’s assume, that you have finally managed to exhaust all the patent literature […]
Books: A wonderful source of finding prior art!
“I have always imagined that Paradise will be a kind of library.” ― Jorge Luis Borges I’ve heard this quote many times, yet hadn’t felt it until now. Recently, I was analyzing the stats of the projects we’ve done over the last year and was very happy that in the majority of the cases we […]
Case of really tough LED patent previously under lawsuits and part of PTAB petitions.
“My client wants a fresh search on a patent about LED substrates” emailed an attorney – our repeat client – on a Friday. “Of course, we can help you as this is relatable technology”, replied a new associate from our Sales team after having checked with me twice on a Friday night call, “We are […]
We Found Prior Art for a 4G Telecom patent using Link Adaptation Concept from 90s
“I don’t know what else I can tell you, it seems nothing good exists,” said the attorney on a conference call. This conversation took place during one of the interim connects in the project lifecycle (mostly around 40% or 80% completion point). The patent we were tasked to invalidate was around communication technology, relevant to […]
Our investigative approach helped us find convincing evidence in the cited prior arts. Let me tell you how.
When it comes to prior art searches, among the huge list of resources and strategies explored and employed during the search, searchers generally tend to give a low priority to already cited patent references. Now, this approach is quite justifiable, as most search assignments come with a tight deadline, and why spend valuable time looking […]
My Love for Music helped me find prior art in IEEE 802.16 standard. Let me tell you how.
In our years of performing invalidation searches, there were often occasions when we found inspiration for prior art from the environment around us. There are way too many to link each of them, but you get the idea. I’ve got an addition to make to the list. What inspired me in this case? – You ask. […]
Art of winning at IPR – Creating a stronger litigation strategy by attacking a problem from various angles
An attorney fighting a litigation suit is not unlike a soldier on a battlefield. The soldier equipped with sniper or high-tech weapons could give a deadly blow to the enemy, however, that’s not enough. He also requires something to defend himself, and most importantly, a devised strategy to conquer at any cost. An attorney, challenging […]
We use Non patent literature to find relevant patents which can serve as kickass prior art. Here’s how we do it!
In the US, while presenting a piece of non-patent literature (NPL) as a valid prior art, the litigators have to overcome challenges of proving that the NPL was publicly accessible and that the presented NPL complies with hearsay and authentication rule. As a vendor search partner, one way we try to make the life of […]
The Case of winning an IPR at PTAB
Old times were simple. There was a plaintiff, who tried to sue a company, and then the company asked us to find some good prior art. We logged in to simple patent databases, many of which were free, entered few keyword-based search strings and poof! good results. Case settled. The client was happy, we were happy! […]
How Machine Learning and Chinese Craigslist Helped Invalidate a Decade-Old Patent
In 2016, a major Chinese smartphone manufacturer came to us with a problem. The company was being sued by a competitor, also based in China, for patent infringement, and they would soon have to appear in court to defend themselves. The penalties for patent infringement can potentially be very painful—fines reaching into the millions of dollars, […]
How a Circuit We Designed Helped Solve a Prior Art Puzzle
In 2017, we were approached by an attorney representing a large manufacturer of digital and analog computer chips that we’ll call Chip and Dale Corp. The company had recently been contacted by another chip manufacturer. We’ll call them Chip Off the Ol’ Block LLC. Chip Off the Ol’ Block claimed that Chip and Dale were […]
System Prior Art: Why we prioritize it over other references?
Have you ever been in a situation where your IPR got instituted, but the PTO declared the challenged claim as valid? If a challenged claim(s) is declared valid by the USPTO in IPR, and later a petitioner asserts earlier challenged claim(s) before a court, he has to overcome a challenge presented by 35 USC § […]
