Infringement Contentions

The number and importance of software patents has exploded in recent years, particularly as they relate to mobile and Web applications. The question of whether an accused device or product infringes a patent is complex and involves both legal and technical analyses.

What We Do

Quandary Peak experts can:

  • Determine how a patent is being infringed.
  • Provide technical data and testimony to back up infringement positions.
  • Ensure that infringement contentions are clear, specific, and well-supported by evidence.

What We Know
  • Independent and dependent claims
  • Means plus function claims
  • Literal infringement and the doctrine of equivalents
  • Joint direct infringement by multiple parties
  • The difference between “comprising” vs. “consisting”
  • The America Invents Act (AIA) of 2011

Claim Construction

Too frequently, software experts are not consulted during claim construction even though the work — and opinion — of the expert witness may be greatly affected by it. Experts can provide valuable input with respect to claim construction that can avoid problems later, and should be consulted early on with respect to proposed constructions.

What We Do

Quandary Peak experts:

  • Point out where proposed claim constructions could increase the cost or difficulty of a technical analysis.
  • Suggest authoritative sources that support a given claim construction.
  • Determine how a patent is being infringed.
  • Ensure that proposed claim constructions will be supportable.

What We Know
  • Claim interpretation
  • Markman hearings
  • Intrinsic and extrinsic evidence
  • Express vs. implicit definition of claim terms
  • The Cybor Corp. v. FAS Techs., Inc. decision
  • The principle of claim differentiation
  • The effect of the preferred embodiment

ITC Investigations

Software patents are frequently asserted through the International Trade Commission, a very different venue than a federal district court: ITC investigations move fast, abide by different rules, and include distinct expert activities such as authoring a witness statement.

What We Do

Quandary Peak experts have extensive experience assisting with ITC investigations. We can:

  • Designate dedicated experts to work on a specific case 24/7, which is particularly useful in ITC investigations where a large body of complex source code must be analyzed in a limited amount of time.
  • Quickly scale up the team of experts assigned to a particular task, thus ensuring that the job is done right despite unforeseen obstacles and challenges.

What We Know
  • Witness statements
  • Trial proceedings conducted before an administrative law judge (ALJ)
  • 19 U.S.C. §1337 and 35 U.S.C §271(g)

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