Litigation Strategy

Prepare Against Patent Infringement

As your organization's legal counsel, responding quickly to patent infringement letters can make your organization a less attractive target while making more work for the licensing company. The problem is that the patent litigation data required to develop an adequate response to infringement letters can be time-consuming and expensive. Added to that is the fact that many organizations have recently seen a significant rise in patent infringement letters and are now receiving tens or hundreds of infringement letters per year, whereas before they may have received only 1 to 2 per year.

Innography correlates IP and patent litigation data to get a complete view of trends and threats for litigation purposes, to support key decisions and substantially reduce associated costs. Innography enables legal counsel to anticipate and respond to infringement claims quickly, by updating new infringement litigation daily and correlating that with the litigation parties and technologies at issue. This allows your organization to perform historical analysis of litigation by technology, company or patent and to receive alerts on how the landscape is changing.

Patent Due Diligence

  • Formulate your response to an infringement letter by fully understanding any litigation involving a patent
  • Know where patents have been litigated, by whom and how long the trials lasted
  • Track down all patent litigation data and activity associated with a given patent including if it has been asserted by the same company but under a different subsidiary or holding company
  • Identify whether a patent has been mentioned in previous litigation either as background or prior art but not actually asserted in the case

Litigation Party Due Diligence

  • Fully understand who you are dealing with by knowing the history of an aggressor and their subsidiaries or parent companies
  • Assess the litigation strategy of an aggressor by knowing their track record as a plaintiff/defendant, which technologies have been vulnerable to lawsuits in the past and the typical outcomes for these cases

Infringement Letter Response

  • Quickly identify the strongest patent prior art that may be missed using standard searches
  • Determine if the patent being asserted against you is associated with technology standards or if the company that owns the patent has participated in any relevant technology standards
  • Identify counter-assertion opportunities by determining if patents in your portfolio align with products that your aggressor has developed

Infringement Letter Negotiation

  • Map your portfolio against the aggressor's portfolio to determine if there is a cross-licensing opportunity or other arrangement that can help settle the case
  • Find weaknesses in the aggressor's portfolio that you may be able to fill through cross-licensing

Litigation Playbooks

Innography includes simple one-click litigation workflows that focus on how to quickly and cost effectively respond to patent infringement letters and reduce the risk of subsequent infringement litigation.

Want to learn more? Watch our Litigation Strategy video.