PATENT INFRINGEMENT ANALYSIS: ENFORCEMENT OF INDUSTRIAL INTERNET OF THINGS (IIoT) PATENTS BY HOUSTON ENTREPRENEUR
A patent owner based in Houston, Texas approached Copperpod for target scouting and infringement analysis of set of the patents describing apparatus and method for providing shipment information. The patents proposed a shipment conveyance device associated with a shipment comprising a memory device for storing information regarding the shipment, a global positioning device to determine location of the shipment, a processing device to process information and generate a message regarding status of shipment and a transmitter to transmit the message to a communication device. In effect, the client’s patents disclosed some of the world’s earliest Industrial Internet of Things innovations – which have since enabled an exponential growth in the scale, ease and visibility for logistics-dependent businesses around the world.
Copperpod analyzed the client’s patents not only identified shipping and logistics industry as the most relevant application area but also determined that container manufacturers, shipping providers as well as technology providers for the container manufacturers and shipping providers operating in the US infringe on the client’s patent claims, with the shipping providers being direct infringers while the container manufacturers and technology providers being indirect infringers.
Our analysts then identified the major players in each of those categories of the market that make, use or sell products that infringe one or more claims of the patent. Nine targets, with significant market share, with their corresponding infringing claim elements were listed and provided to the client. These nine infringers were also chosen with care in mind that each of these infringers either performed each claim limitation (i.e. they were direct infringers), induced direct infringement by a shipping provider or contributed to direct infringement by a shipping provider. The analysts also purposefully avoided targets that would have required an infringement read involving divided infringement.
Copperpod then created 25 descriptive claim charts and infringement contentions mapping key evidence from target products against each claim of the patents. The memory device, GPS device, processor and transmitter were clearly indicated and their functionality in infringing product was explained in the claim charts. Evidence used in the charts was collected from targets’ websites, archives, press releases, data sheets as well as third-party resellers describing the targets’ offerings.
The comprehensive target scouting & analysis of target products with continuous technical analysis support from our team at Copperpod helped our client to enforce their patents against these infringers at the U.S. District Courts in Texas.
A claim may be indirectly infringed by a party if it induces a second party or contributes (such as by providing components) for a second party to directly infringe on the claim.
Divided infringement often carries a higher burden of proof for the plaintiff – and can be made only when the two part-infringers form a joint enterprise with an express agreement and equal right of control.