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Validity / Invalidity Studies

Validity or Invalidity studies are comprehensive searches which are performed mostly in cases of a patent infringement law suit, to prove a granted patent invalid and also these searches are performed during licensing to assert the claims of the target patent is valid or not . We conduct prior-art searches from patents, published patent applications, and non-patent literature, (i.e.) books, journals, relevant literature, and internet publications, rather than just gathering information from prosecution history or file wrapper. Our process of validity/invalidity searches goes beyond simple claim comparison .We at DexPatent understand the entire specification as it relates to the claims at issue. We do not stop at database searching when we take on an invalidity search. Given the time and budget, our prior art search will dig up old product brochures or out-of-date products, locate peers of inventive entities, investigate trade show disclosures from a decade ago, or do whatever else it takes to invalidate a patent. We even look for relevant videos, if necessary. Also, physical embodiments of the products and evidence of sale and public use may be provided wherever retrievable.

 

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Case study - Invalidity / Validity Searches

Project Needs

The client wanted DexPatent to perform an invalidation search on independent claims of the given subject patent. In addition, the client wanted us to identify all possible 102 NPL references which might support their litigation.

Deliverables

Team at DexPatent analyzed the independent claims of the subject patent feature by feature and accordingly framed the search strategies which helped to identify 2 relevant 102 patent references. A detailed NPL Search also uncovered 2 relevant NPL references. DexPatent delivered the report within 6 business days with 4 relevant references.

Client

IP Law Firm, IL, United States

Industry

Medical Electronics

Use Case

Invalidity / Validity

Benefits

The client was very satisfied with the quality of the search results and said that most of the references provided could be used for litigation and the NPL documents provided were also helpful to invalidate the inventive step of the subject patent. As a value add of our reporting format, we had provided the client a claim chart which would highlight the feature matching of the independent claims of the subject patent with the relevant documents. This was all done in a very short notice, and completed within 4 days.