Infringement Analysis: Internet Search
A New York based investor-entrepreneur was looking to purchase two patent portfolios related to encryption and internet search technologies but lacked the specific technical skills to independently assess if the technology is being used in existing products.
Copperpod IP reviewed each patent asset in the two patent portfolios to evaluate monetization potential of the portfolios. We followed a 3-step approach to help the client make a decision on whether to purchase the portfolios.
1. Portfolio Analysis
Our experts analyzed the patents to score them according to claim scope and ease of detection in infringing products. The following parameters were prioritized for this analysis:
Length and number of limitations of independent claims
Method v. System claims
Arguments/remarks made by applicant during prosecution that may limit scope
Backward and Forward Citations
They then identified the top 20% patents in the two portfolios that should be prioritized during monetizaton.
2. Target Scouting and Rule 11 Analysis
Our experts identified the market segments and the major players in the market that make, use or sell products that potentially infringe the claims of the top 20% patents.
For each top patent, they then identified the products and collected key evidence from publicly available documentation that indicated infringement.
In addition, the experts performed a detailed Wireshark network packet capture of the infringing products. For one patent family in the portfolios, for example, the network capture revealed that in every running instance of the infringing software, it used an encryption protocol that met one or more claims in the family.
Copperpod IP then created descriptive evidence-of-use charts mapping key evidence from target products against claim limitations – helping the client form strategies for enforcing and monetizing the top 20% patents in the portfolios.
3. Litigation Support
Copperpod IP experts worked closely with the client providing adhoc technical analysis throughout the enforcement campaign including refining positions during inter-partes review (IPR) at the Patent Trial and Appeal Board (PTAB) and during settlement negotiations.
Based on Copperpod IP’s recommendations, the client proceeded to purchase a subset of the portfolios at a discounted price – placing most of the value on the top 20% patents.
Once the purchase was complete, the client launched a patent enforcement campaign against the 10 top targets identified by Copperpod IP. Each of the targets settled and obtained a license to the 3 patents in the very first year of the enforcement campaign.
Copperpod IP continues to work closely with the client in further monetizing the two portfolios.