Litigation Support

Assisting With Litigation Tasks

Although most of our efforts are dedicated to utilizing IP to enhance competitive advantage without resorting to the court system, becoming involved in litigation is sometimes unavoidable. This especially comes to light when a lucrative market position comes under serious attack from an IP perspective by a competitor.

Most of the work that we do to support litigation is in product-claims analysis. In other words, we focus on matching actual products and services with patent claims. This analysis applies both to the plaintiff role and the defendant role.

In the Defendant Role

When working in the defendant role, we will assist you in evaluating claims that have been asserted in relation to the utility functions of your products or services. Most of the time this is done in concert with your counsel to provide an appropriate response to the assertions made by a claimant.

Our assistance is focused on reducing staff interruptions when answering specific questions about operational details. We can offload many of these tasks and even set up your product in a lab to prepare a complete technical response in the areas pertinent to the case if necessary.

In many situations, it is possible to prove that the competition either has invalid claims or their assertions don't relate to your product line. This information will be an integral part of our response.

In the Plaintiff Role

In support of your role as a plaintiff, NTP-IP Innovations conducts a close examination of your competitor's offerings against your patents' IP elements to support your counsel's demand letter or notice of infringement.

Because it is important that specific areas of your assertions be carefully constructed, we are fully equipped to provide claim charts, including detailed patent file history references for your files. Our goal is to provide an exact match of the associated patent claim(s) to the subject products.

If it becomes necessary to reverse-engineer a competing product to determine infringement, we will advise you of that fact and provide an estimate for this effort on a time and materials basis.

If the need develops for expert support during a case, we will go over our opinions in detail with your counsel and make appropriate recommendations.