Infringement

To determine the value of a patent, evaluating whether it is being used or not is imperative to the monetization of the patent. Our professional team of engineers, patent attorneys and analysts have a firm belief that identification of infringement helps IP strategy and analysis based on claims are a major part of identifying the potential infringers.

For example, to determine if a product or technology is infringing a patent, we have to interpret the patent claim to determine its scope and then make a detailed comparison of the patent and the product to evaluate the infringement. Such a scenario, involving infringement of a patent claim, it is imperative that every claim aspect be present in the product that is accused of infringement.

Be it breaking down a patent claim or depending on the knowledge of the industry, there is no alternative to a person with ordinary skill in arts examining the claim and the accused infringers.

A practical example of the mapping of a claim of a product or a service is also a form of art. To get across the message of the accused infringement, our team of analysts creates a methodical and pleasing to the eye, visual comparison of the claims and potential infringement.

VePub is adept at making demonstrations using maps, an Evidence of Use chart or a litigation Claim chart.

1. Analysis of patent infringement

A patent is said to have been infringed when someone sells, tries to sell, use, make or import a product utilizing the technology of the valid patent without the consent to the owner of the patented invention.

Patent infringement can be split into two types: Direct Patent Infringement and Indirect Patent Infringement. Indirect Patent Infringement has further divisions as:

• Contributory infringement

• Infringement by inducement

Under ‘Infringement by inducement’, a third party plays an important role in another party’s decision to infringe a patent. This type covers selling of parts which can be used for a patented invention, or selling a certain product with its instruction, or getting a license for an invention that is already covered by an existing patent. The infringer deliberately aids the infringement, whatever the intentions were.

Contributory infringement is the sale of the material or components that are used in the making of a patented product or service, and have no other use. There is a similarity with inducement, but this typically involves actual guilt.

In Contributory Infringement, the direct culminates without the involvement of a third-party. Direct infringement has to occur from the indirect act for there to be consequences for indirect infringement.

Direct infringement is a very common type of infringement, which involves the potential infringer working in a strikingly similar manner to the actual invention.

2. Claim Chart

Claim charts are used to demonstrate how a product or service is infringing a patent. Infringement must be proven by showing how it resembles every aspect of the patent.

This demonstration is a textual and graphical comparison of both the claims and the potential infringer. Claim charts revolve around the aspects of the product or service using terms of the claim, which is why the explanation of the potential infringement is also called ‘mapping.’

Claim charts are drawn up to assist in the inevitable litigation. Though the details of the mapping can depend on the requested claim chart, the demonstration of the infringement is the main purpose of a patent case.

When we say that a claim chart is ‘litigation ready’ we mean that there is a high-level of support in the specification of the patent. It doesn’t necessarily mean that the same version is shown to the court.

VePub collaborates with clients to map out Claim charts that demonstrate the likelihood of infringement and also make sure that no aspect is left out.

3. Evidence of Use (EoU)

During the selling of patents and assets, proofs of patent infringement are important as it can assist in strengthening the sale.

Evidence of Use is a chart that contains each claim aspect and plays a major role in the demonstration of potential infringing as it also includes all the features that are prohibited from use.

VePub is adept at supporting licensing strategies and discussions by easily identifying potential infringers and documenting all possible infringers in Evidence of Use charts.

We are also happy to help owners of patents investigate infringement in the industry. Our expertise helps us stand out and also makes our Evidence of Use charts efficient and systematic. We have a world of experience in identifying potential infringement, no matter how unconventional, and this expertise helps clients realize the value of patents apart from the obvious uses.

The detection of multiple infringers boosts the value of the patent. This also requires the changing of the IP strategy of the owners sometimes.

During the drafting of Evidence of Use charts, licensed professionals and practitioners of patents mostly depend on documentation that is available to the public, for example, manuals, designs, news, and reviews.

Collection and documentation of all the evidence with proper citations are extremely important for the demonstration of the potential infringement. Another important part of a good Evidence of Use chart is the identification of parts of the accused infringement that need to be reverse-engineered or tested further.