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Our work in
mobile, cellular, and wireless communications began in 1990. 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
mobile, cellular, and wireless communications 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:
Patent Infringement Analysis and Patent
Validity Analysis
As a result of
our ongoing consulting, research and analysis in mobile, cellular and wireless
communications 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 mobile, cellular or
wireless 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:
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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 mobile, cellular or wireless standard(s)
infringes a client’s patent |
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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
mobile, cellular, or wireless 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 |
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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.
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* 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 programs, 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 indentify 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 mobile, cellular or wireless technologies, networks, standards,
spectrum, devices, phones, services, markets, business and billing 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 commercial litigation
in general, 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
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