Patent infringement analysis involves determining if a claim of patent infringement falls under the category of literal infringement or infringement under doctrine of equivalents. Patent infringement refers to a case when another party inappropriately uses, sells, or makes a patented item without obtaining permission from the patent holder.
When it comes to realizing the value of a patent, analyzing whether the technology is currently used is vital to almost every available patent monetization option. InnoRes’ analysts, engineers, and patent attorneys firmly believe that detecting infringement drives IP strategy and that claims-based analysis is a key piece to identifying those potential infringers.
For instance, the basic principle of determining whether a piece of technology is infringing a patent is to construe the patent claim for scope and meaning and then compare the claim to the accused product to determine infringement. We understand that infringement of a patent claim requires that each and every claim element must be present in the accused product. So, whether it is deciphering the claim or relying on knowledge of the industry, there is simply no substitute to having a person possessing ordinary skill in the art reading the claim and examining potential infringers.
Moreover, demonstrating a mapping of a claim to a product or service is an art form. In order to properly convey the alleged infringement, our analysts generate an efficient, aesthetically pleasing, textual and graphical comparison of the claims and the potentially infringing use. Depending on the situation and the depth required, InnoRes can assist in demonstrating mappings with an Evidence of Use chart or a litigation-ready Claim Chart.