PATENT PORTFOLIO MINING: TEXAS UTILITIES PROVIDER ASSERTS OSS PORTFOLIO AGAINST TOP 3 COMPETITORS
A Texas-based utilities provider approached Copperpod for target scouting and infringement analysis for assets in their patent portfolio related to Operational Support Systems. The company had already litigated these patents against two major electronics corporations and was looking for targets in other industries that might be infringing the patents. The patents related to Operational Support System (OSS) in particular described a high level Operational Support System (OSS) framework that provides the infrastructure and analytical system of utilities with functionality to enable all applications and manage systems dynamically at runtime regardless of platform or programming technology. This provides utilities with the ability to manage an application as well as its distributed components. The distributed components are presented as belonging to a single application instance node that can be monitored, analyzed and managed. New and legacy applications written in C++ or Java are viewed and manipulated identically with zero coupling between the applications themselves and the tools that scrutinize them.
Copperpod started by thoroughly reviewing the patents that were included in the initial complaints filed by the firm as well as the larger portfolio owned by the client. Based on their initial review, the analysts confirmed that companies providing smart infrastructure solutions for utilities across the US could be the potential infringers.
Geography, Revenues and Past Litigation Activity are important criteria for selecting certain competitors as targets of an enforcement campaign.
Copperpod then identified the major players in the market that make, use or sell products that infringe one or more claims of the patent. Three companies that provide product and services for energy and resource management, smart grid management, metering, monitoring, communications and customer engagement solutions to gas, water and electric utilities were shortlisted based on:
Revenues and Profits
Number of Customers
Past Litigation Activity
Copperpod created descriptive claim charts and infringement contentions mapping key evidence from target products against each claim of the patent. For each product, detailed claim charts showing infringement of the patents were mapped. Evidence used in the charts was collected from product’s websites, archives, press releases, data sheets and third-party websites as well. The management services as claimed in patents were mapped using documents provided to their clients by the target companies.