|
Our work in CDMA
began in 1992. This work has included numerous product development projects,
expert witness engagements, patent analysis projects, research reports, and
seminars. As a result, we have developed an in-depth knowledge and
understanding of nearly every facet of CDMA
thereby qualifying us to assist law firms and corporate clients in defending
against or asserting claims of patent infringement and patent validity.
Our patent
analysis services include:
Areas of our ongoing
consulting, research and analysis in CDMA
include:
- CDMA Radio Signaling (modulation
and encoding)
- Spectrum Use, Management and
Availability
- CDMA Standards Organizations
including Third Generation Partnership Project (3GPP) and Third Generation
Partnership Project 2 (3GPP2)
- CDMA Network Technologies,
Architectures, Generations & Standards
- Including CDMA, WCDMA, HSPA
(including HSDPA, HSUPA & HSPA+), CDMA2000 1xEV-DO Rev. A and Rev. B, Ultra
Mobile Broadband (UMB), UMTS Long Term Evolution (LTE), Time Division Duplexing
(TDD) and Frequency Division Duplexing (FDD).
- CDMA Terminals &
Phones
- Applications &
Services
- CDMA Market Forecasts and
Analysis (subscribers, sales and shipments)
- Competitive analysis
(carriers/operators, manufacturers, developers, distributors,
resellers)
Patent Infringement Analysis and Patent
Validity Analysis
As a result of
our ongoing consulting, research and analysis in CDMA we are qualified to help
you:
- Defend and counter a claim of
infringement against your company
- Identify other patents or
products that infringe your patents
- Identify CDMA standards (and the
systems that incorporate these standards) that infringe your
patents
Our Patent
Infringement Analysis and Patent Validity Analysis programs address three
aspects of patent infringement and validity:
|
Determine if a client’s patent, product or service infringes
a competitor’s* patent |
Determine if a competitor’s patent, product or service
infringes a client’s patent |
Determine if any CDMA standard(s) infringes a client’s
patent |
|
This
program consists of the following elements:
Determine
if the competitor’s patent is valid, based on an analysis of
corresponding/related patents and products at the time the subject patent was
granted. This analysis will:
- Determine the extent to
which the competitor’s claims, capabilities, technologies, and features
were novel, or were obvious in light of the state of the art, at the time
patented.
- Determine if the
competitor’s claims, capabilities, technologies, and features in question
does or does not in fact practice the patent.
- Evaluate the technical
merits of the claims and technologies of the competitor’s patent to
determine if they are applied in a meaningful way to the patent’s
product/service.
- Examine the
competitor’s patent claims for accuracy and completeness.
- Determine whether the
patent holder is infringing any patent rights belonging to the
client.
Determine
if the key claims, capabilities, technologies, and features identified as
infringing by the competitor exist in, match, or are equivalent** to those in
the client’s accused patent, product, or service.
Determine
to what extent any infringement exists (literal or equivalent) and what type
(direct, indirect, or contributory) by performing a
claim-by-claim/technology/
feature/capability evaluation. |
This
program consists of the following elements:
Identify
competitor’s patents, products, or services that may contain/use any of
the client’s patent key claims, capabilities, technologies, and features.
Include in this analysis the competitor’s technical and product
literature, brochures, advertisements, promotional material, user guides,
product packaging, and related web sites.
Identify
the key technologies, features, and capabilities in each of the
competitor’s patents, products, or services that closely match or are
equivalent to the client’s patent key claims, capabilities, technologies,
and features.
Determine
to what extent any infringement exists (literal or equivalent) and what type
(direct, indirect, or contributory) by performing a
claim-by-claim/
technology/feature/
capability
evaluation. |
This
program consists of the following elements:
Identify
CDMA standards that may contain/use any of the client’s patent key claims,
capabilities, technologies, and features.
Identify
the key technologies, features, and capabilities in each standard that closely
match or are equivalent to the client’s patent key claims, capabilities,
technologies, and features.
Determine
to what extent any infringement exists (literal or equivalent) and what type
(direct, indirect, or contributory) by performing a
claim-by-claim/
technology/feature/
capability evaluation |
|
The typical deliverable from these programs is a report
and/or presentation (privately, at deposition and trial) that includes claims
charts (proof packages), infringement and validity arguments
Our report/presentation provides a detailed
technical analysis of the patent or device in question, interpretation of the
patent and review of the claims. It presents the hard evidence needed to prove
or disprove patent or product infringement or validity in an easy to read,
understandable format. We deliver our reports on time and in a format suited to
our clients’ needs.
- In a claim chart, patent
claims are parsed and placed into an easy-to-read two-column format. The left
column contains the parsed patent claim. The right column contains a detailed
explanation of the target, corresponding to the claim.
- Each claim element is
color-coded to identify corresponding parts or processes shown in a photograph
or explained in a data sheet.
|
* Or
any other entity or person
** Performing substantially the same function, in
substantially the same way, to achieve substantially the same result as the
claimed invention. |
Patent Valuation Analysis
In addition to
our Patent Infringement and Patent Validity services, we are qualified to
determine if any of your patents contain technologies or capabilities that
other companies may be interested in licensing or purchasing. Through our
Patent Valuation Service, we will:
- Identify the patent’s
technologies or capabilities that may be valuable to a potential licensee or
purchaser.
- Perform a Patent Infringement
Analysis to insure the patent in question does not infringe on any other
patent.
- Perform a Patent Validity
Analysis to evaluate the quality, novelty, and technical merits of the claims
and technologies of the patent and determine if they are applied in a
meaningful way to the patent’s product/service.
- Qualify and quantify the
potential market value of a product/service developed from the specific patent
and its technologies or capabilities.
Patent Consultations, Examinations and Infringement
Avoidance programs
In addition to
our Patent Infringement Analysis, Patent Validity Analysis, and Patent
Valuation Analysis Services we offer:
- Consultations on Patent
Infringement Avoidance
- A patent infringement
avoidance program provides a comprehensive evaluation of the client's product
or process. It may include evaluations of alternatives to the client's current
products or processes and identify patent validity issues.
- Patentability
Examinations
- This program examines
questions of priority of invention and questions of patentability between a
pending patent application and one or more unexpired patents and/or
applications claiming the same subject matter.
- Patent Reexaminations
- This program addresses the
issue of patentability of one or more claims of an issued patent in view of
prior art patents and printed publications.
Scope
Our work in
patent infringement and patent validity is limited to technical and business
analysis of CDMA technologies, networks, standards, devices, phones, services,
markets, and business practices. Thus the patent services described here and
our work product only address the technical aspects of a patent’s
infringement and/or validity. By itself, it cannot be used as an Infringement
Opinion letter, Invalidity Opinion letter, or Unenforceability Opinion letter.
These opinion letters can only be produced by a licensed attorney specializing
in Patent and Intellectual Property law. While we serve both law firms and corporate clients, we primarily
limit our work to patents involving mobile, cellular and wireless technologies,
networks, standards, business practices, products and services. We will
however, be happy to discuss patents involving other telecommunications
products and services.
Management
Our Patent Infringement Analysis,
Patent Validity Analysis, and Patent Valuation Analysis Services are headed by
Jerry Kaufman, the president of Alexander Resources. In addition to managing
all patent projects, he directly manages the research and production of all
reports and testimony. He personally testifies at trial and
depositions.
Mr. Kaufman is a noted
technologist, educator, product developer, consultant, patent analyst, and
expert witness specializing in mobile, cellular, and wireless technologies,
networks, phones, standards, services and systems. He is not a theoretician,
nor a professional "hired gun" but rather a seasoned, credible professional
with 37 years of hands-on telecommunications industry experience. During this
time he has held a variety of senior level technical, sales and marketing
positions at major telecommunications manufacturing and consulting
organizations. His depth of knowledge and experience in patent analysis,
combined with his academic and industry knowledge, and his ability to credibly
communicate technology, market, product, economic and financial analyses to
clients, judges, and juries ensure the highest level of litigation
support.
Please refer to Mr. Kaufman's
biography for additional
information on his background and capabilities.
For a confidential review of your requirements please
contact Jerry Kaufman at 972-818-8225 or via e-mail at
JKaufman@AlexanderResources.com
|
|
