Patent Infringement Search

In today’s competitive market, protecting patented inventions from unauthorized use is critical. Identifying companies and products that potentially infringe on your patents is a cornerstone of enforcing intellectual property rights and safeguarding innovation.

At Citius Minds, we specialize in conducting infringement research to help clients uncover potential infringers and build strong cases for enforcement.

Our Approach to Infringement Research

1. Identifying Potential Infringement

Our research process focuses on pinpointing companies and their products that may infringe on the client’s patented inventions. This includes:

  *  Product and Market Analysis: Investigating industries, companies, and products operating within the scope of the patented technology.

  *  Detailed Evidence Collection: Reviewing all available resources to substantiate claims of infringement.

Get a Free Quote

    2. Exhaustive Evidence Gathering

    To ensure a solid infringement theory, we leave no stone unturned, examining a wide range of information sources such as:

      *  White Papers and Research Articles: Identifying technical disclosures that reveal usage of patented technology.

      *  Product Data Sheets and Manuals: Analyzing product specifications and technical details for overlap with patent claims.

      *  Press Releases and Video Tutorials: Leveraging public-facing materials to validate claims of infringement.

      *  Competitor Websites and Online Resources: Mining publicly available information to uncover evidence of unauthorized use.

    3. Creating Detailed Claim Charts

    Our team develops comprehensive claim charts, mapping each limitation of the asserted patent claims to specific evidence from the suspected infringing product or process. These charts include:

      *  Element-by-element claim mapping.

      *  Visual and descriptive evidence from gathered materials.

      *  Insights into whether the infringement is literal or falls under the doctrine of equivalents.

    Specialized Infringement Landscape Analysis

    Our unique approach to conducting an infringement landscape provides clients with a strategic advantage by:

      *  Identifying and Prioritizing Infringers: Highlighting the most significant potential infringers based on evidence strength and market impact.

      *  Developing Enforcement Strategies: Offering actionable recommendations on how to proceed with legal actions or licensing discussions.

    Drafting Infringement Contentions

    For plaintiffs ready to move forward with litigation, we offer specialized support by:

      *  Drafting Detailed Infringement Contentions: Structuring precise and legally sound arguments that comply with jurisdictional requirements.

      *  Technical and Legal Alignment: Collaborating with legal teams to ensure all technical evidence aligns seamlessly with litigation strategies.

    Why Choose Citius Minds?

      *  Expertise Across Domains: Our multidisciplinary team brings expertise in technical, legal, and market analysis, ensuring robust and accurate findings.

      *  Thorough Evidence Collection: We leverage diverse information sources and advanced analytical tools to provide the most comprehensive infringement support.

      *  Customized Reports: Every infringement report is tailored to the client’s specific patents, industries, and objectives

    Empowering Clients to Enforce Their Rights

    Citius Minds is committed to helping clients protect their intellectual property and enforce their rights with confidence. From identifying infringers to building airtight infringement theories, our services provide the tools needed to take decisive action.

     

    Protect your innovation. Partner with Citius Minds to uncover and act against infringement today.

    Case Study

    “What they provided was unparalleled. We couldn’t have asked for more. After reviewing their report, we instantly knew which companies to sue and which ones to pursue for licensing. All the evidence we needed to support our contentions was already in the charts.”

    IP Head – A satellite-based television service provider

    Challenge:

    A satellite-based television service providing company, headquartered in California, wanted to identify potential infringers for their recently granted US patent. The client desired to have a full understanding of the market and wanted to identify the major players in the related domain and potential infringers who might be infringing on their patent. The client asked us to prepare infringement claim charts against the products of the potentially infringing companies.

    Execution:

    Citius Minds’ analysis team extensively analyzed the patent of the client. The infringement analysis was conducted in four phases. In the first phase, the team researched the technology field thoroughly to gain an in-depth understanding of the domain. In the second phase, the team performed an initial market research to identify the big players in the ‘satellite-based television service’ providers. The market research involved researching annual reports, sales figures, product information, etc. The third phase involved screening and the detailed analysis of the potential infringing products which involved reviewing manuals, online articles, other publically available information and reverse engineering as well. All the identified evidence was analyzed and a list of potential infringers was prepared. In the final phase, the team prepared infringement claim charts against the identified products. The claim charts depicted ‘element wise’ mapping of the potentially infringing products with the client’s patent claims. The team didn’t just give technical analysis, but also included the relative sales volume estimate of the products of the potentially infringing companies to help the clients make a quick decision on how to move forward.

    Impact:

    Our claim charts enabled the client to identify the potential infringers for their patent. The color-coded claim charts helped the client to easily understand the similarities between the claims and the potentially infringing products. The sales figures provided in the report helped them finalize which defendants to pursue for litigation and which ones for licensing. The evidence provided in the claim charts against the products helped the client in preparing the infringement contentions and filing an infringement lawsuit against the potentially infringing companies.

    Want to share this with your friends or email it to someone who would want to read this?

    For any queries, email us at [email protected]

    Rachel Adams Litigation Partner, Denver-Based IP Law Firm

    "The technical evidence and legal alignment in Citius Minds’ infringement analysis were impeccable. Their work provided us with a strong foundation for litigation."

    Tom Erickson Lead Counsel, London-Based Tech Company

    "Their team has a deep understanding of patent law and technology, making their infringement analysis a valuable resource for our legal battles."

    FREQUENTLY ASKED QUESTIONS

    A patent infringement search is a process used to determine whether a product, process, or service violates the claims of an existing patent. By analyzing the features of a given product or technology, this search identifies patents with claims that may be infringed upon, helping businesses manage legal risks before launching or investing in a product.

    An infringement search is crucial for avoiding costly patent litigation, which can arise if a company unknowingly infringes on someone else’s intellectual property. By identifying potential infringements early, companies can adjust their designs, negotiate licenses, or plan their business strategy to avoid infringement risks and ensure a smoother path to market.

    An infringement search is typically conducted before a new product or technology is launched. It’s also useful during research and development phases, prior to major product modifications, or when entering new geographic markets where different patent protections may apply. Essentially, any time there is a risk of overlap with competitors’ IP, an infringement search can be beneficial.

    While similar, an infringement search is generally more focused on a specific product or technology in relation to existing patents and aims to find exact claim matches that may be infringed upon. An FTO search, however, is broader and assesses whether a company can operate freely in a given market without infringing any active patents. FTO searches are often more comprehensive and geographically focused, while infringement searches are often highly targeted and may focus on specific claims of a single or group of patents.

    An infringement search begins with a thorough understanding of the product or technology in question. The next step is identifying relevant patents by analyzing key features of the product and comparing them to patent claims. Finally, we analyze the scope of each claim to assess whether the product potentially infringes on any of the identified patents. Citius Minds uses a combination of advanced patent databases and manual analysis by experienced professionals to ensure thorough results.

    In assessing infringement, we examine how closely the product or process aligns with the language and scope of the claims in identified patents. Factors include direct, literal overlap with claim elements, doctrine of equivalents (where similar elements can be considered infringement), and the interpretation of key claim terms. Legal and technical analysis work together to evaluate these overlaps.

    An infringement search may reveal that a product or process infringes, does not infringe, or potentially infringes based on claim interpretation. If an infringement risk is identified, companies can take preventive measures such as redesigning the product, negotiating a licensing agreement, or, if feasible, invalidating the conflicting patent. These outcomes provide clarity for business strategy and risk management.

    If an infringement risk is identified, the results can be used to negotiate licensing agreements with patent holders, allowing the business to legally use the technology without facing litigation. Additionally, knowing the scope and enforceability of potentially infringed patents gives companies leverage to negotiate more favorable terms in their licensing agreements or settlements.

    The timeframe depends on the complexity of the product or technology and the number of potentially relevant patents. Simple infringement searches may take around 2 to 4 weeks, while more complex searches involving detailed claim interpretation and multiple patents can take 6 to 8 weeks. At Citius Minds, we tailor our timelines to meet our clients’ deadlines without compromising on the thoroughness of the analysis.

    The cost of an infringement search varies based on the scope of the search, the complexity of the technology, and the depth of analysis required. Citius Minds offers competitive pricing tailored to client needs, ensuring a balance between cost-effectiveness and comprehensive risk analysis.