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 Appeal 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.
How We Can Help
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 have become very adept at cost-effectively tracing functionality through source code accused of infringing a patent. 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.
We perform source code analysis when source code can be sent to us for review in our own forensic lab, as well as when it is necessary to travel to your offices, or to offices of opposing counsel, to examine the code pursuant to a protective order. We appreciate that source code can be among a company’s most valued assets, and have performed many code reviews in a secure environment.
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 Appeal 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.
Whether you are a patent owner needing assistance evaluating a competitor’s product for the presence of proprietary technology, or owner of a product accused of infringing a patent, we invite you to contact us as to how we may be of assistance.
Experts on Software Patent Infringement
Jeff Parmet is a widely respected IT dispute resolution specialist who has served as a…
Josh Siegel has substantial experience analyzing copyright, patent, and trade secret cl…
Nick Ferrara has been an integral part of more than 90 cases, spanning numerous commerc…
Tom Ashley applies his expertise in a wide range of software-related matters, including…
Andrew Schulman is an attorney, software engineer, and software litigation consulting e…
Since joining DisputeSoft in 2016, T.J. Wolf has consulted for clients on a variety of…
Aparna V. Kaliappan
At DisputeSoft, Aparna assists in drafting expert, rebuttal, and investigative reports…
At DisputeSoft, Evan is a Senior Consultant responsible for analyzing source code in IP…