Software Patent Disputes
Patent litigation and administrative proceedings can be challenging when software is involved. DisputeSoft provides support to patent attorneys in resolving disputes involving patent infringement claims before federal district courts, the International Trade Commission (ITC), and the U.S. Patent and Trademark Office Patent Trial and Appeals Board (PTAB). Our expert analysis is provided by skilled software engineers who can thoroughly analyze source code and other protectable elements in a cost-effective manner, allowing litigants to reduce their final costs while maximizing recovery and minimizing their exposure to damages.
District Court and ITC Software Patent Litigation
Our experts are experienced in providing analysis of technical issues relating to software during the discovery process and at trial in cases before both federal district courts and the ITC. We produce expert reports and are available to testify in deposition and at trial in software patent cases.
We regularly perform a variety of services in reaching opinions regarding the validity of a patent and whether the patent claims have been infringed, including: source code review, analysis of patent claims, specifications and file histories, prior art research, claim charting, and development of proposed claim constructions. We also provide testimony concerning inherent disclosure and its meaning to a person skilled in the art, factual analysis of the prosecution history and extrinsic evidence to support claim construction, and testimony regarding the effective dates of prior art references.
We provide detailed, claim-by-claim analysis to establish whether the claims recite patentable subject matter under Section 101 of the Patent Act, whether the patents at issue lack adequate written disclosure under Section 112, and whether the patent claims should be deemed invalid on the grounds of anticipation under Section 102 and obviousness under Section 103.
We also provide technical support and expertise to attorneys and other testifying experts at latter stages in litigation, including analyzing and rebutting opposing expert opinions and preparing software demonstrations, technical presentations and other exhibits for trial.
Inter Partes Review (IPR), Post-Grant Review (PGR), and Covered Business Method Review (CBMR)
In addition to our patent litigation experience, DisputeSoft also provides expert opinions in support of petitions for review by the Patent Trial and Appeals Board (PTAB) under the provisions of the America Invents Act (AIA). We are available to assist in proceedings for Inter Partes Review (IPR), Post-Grant Review (PGR), and Covered Business Method Review (CBMR).
In IPR, PGR and CBMR petitions and in responses to claim amendments proposed by the patent owner during the review process, the arguments of counsel cannot take the place of factually supported objective evidence such as an expert declaration or affidavit. DisputeSoft’s experts are experienced in providing written opinions and deposition testimony on technical issues relating to software. Our experts assist petitioners in construction of the claims at issue under the broadest reasonable interpretation standard, prior art research and analysis of the patent file wrapper and extrinsic evidence.
Alternatively, we also provide expert opinions in support of the patent owner’s rebuttal of the arguments made in a IPR, PGR, or CBMR petition.
If you are in need of a software patent infringement expert, we invite you to consider DisputeSoft.