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Validity Analysis

Introduction

Invalidity search is an exhaustive prior art search conducted after the issuance of a patent. The main purpose of the invalidity search is to validate the enforceability of a patent’s claims. Invalidation searches aim at finding documents that challenge the validity of a patent, where such documents were not found in the prior art search performed at the patent office during prosecution. Therefore, validity search is conducted to determine whether an issued patent is valid or not.

Our Approach

IIPRD team provides validity analysis to clients, whether they are plaintiffs or defendants. In a patent litigation case, one of the most important point to prove by the defendant is to find and properly apply the closest prior art. Our domain experts interpret the scope of the patent through comprehensive analysis of patent claims and prosecution history. Through our comprehensive patent analysis and smart search strategies, we appraise our clients with relevant prior art results that help in invalidating the patent in question. Further, we help our clients in preparing invalidity contentions to invalidate the patent.

When the Defendant has served you invalidity contentions, it is crucial to spend the time necessary to fully assess those invalidity contentions and to develop counterarguments. Often this task is left for the testifying technical experts, close to report time, whose time comes at a price.

Our expert team performs extensive research and analyze the prior art to identify the most critical references to develop counterarguments and helps you to develop those counterarguments that can further develop into your testifying expert’s reports. Our patent validity analysis services include analyzing cited prior art, understanding patent-in-suit, and preparing an invalidity contention response report to prove the validity of the patented invention in light of the prior art cited by the defendant. We extend support to our clients in creating convincing arguments for each claim element against each cited prior art.

We analyze each reference cited by the defendant, and rate each reference to a claim element of claim element basis through claim mapping, and identify the key references for any given element and the key counterarguments.