Reading the demand
We map the other side's claims onto your product and check whether every element is really used.
DeliverableA preliminary position on the matter
Defence
We are accused of infringing
A demand letter is not yet infringement. In IT disputes it usually turns out that some claim elements are not used in the product at all, and that the patent itself is vulnerable on sufficiency of disclosure. The position has to be built on both fronts at once.
Answering a demand 3 steps
Looking for counter-grounds
We examine the patent itself: novelty, inventive step, sufficiency of disclosure and other grounds.
DeliverableA list of grounds for invalidation
Position and opinion
We prepare a pre-trial response or materials and an opinion for the court and the Chamber for Patent Disputes.
DeliverableA document you can actually file
What backs this up
Court-appointed expert on patent rightsNine matters on the public record
The response is built by the same specialist courts appoint to establish whether a patent is used — and by the same method of mapping claim elements.
Infringement means using every element of an independent claim. If even one element is absent from the product or implemented differently, there is no infringement. That is what gets checked first, before any discussion of figures.
This is probably you if
- You need to prove the use of an IT patent's features or build a defence position.
- You need to invalidate a patent, a trademark or a Rospatent decision.
- You need an expert opinion on code, an interface, an algorithm, a database or a technical effect.
How it runs
- We take apart the subject of the dispute: the claims, the product, the code, documentation, logs, interface or the case file.
- We build the claim chart, the position on the elements and the evidence map.
- We prepare the opinion, a review, a pre-trial position or materials for the court and the Chamber for Patent Disputes.