Client
A Fortune 500 life science company.
Context
A pharmaceutical company, defendant in a patent infringement lawsuit, needed to challenge the asserted patent’s validity to defeat the infringement claim. Although they had completed an initial invalidity search, they required a more in-depth and targeted analysis to uncover additional weaknesses. This is a common scenario in patent litigation; defendants often need to go beyond initial searches to build robust invalidity arguments.
How LitAgility Strengthened an Invalidity Defense
LitAgility significantly bolstered a client’s invalidity defense through a focused and efficient process. We began with a comprehensive review of the patent to understand the technology and pinpoint vulnerabilities. Next, we conducted targeted searches, concentrating on claim elements where prior art was lacking from the patent’s prosecution. This led to a curated list of 14 highly relevant prior art references.
Crucially, our team identified a key composition ratio shared by both a prior art reference and the asserted patent. This insight allowed LitAgility to propose a strong prior art combination, supporting an obviousness argument. We then leveraged our BridgeINDEX™ platform and advanced AI to pinpoint critical evidence for this combination. This blend of thorough analysis, targeted searching, and insightful identification of key evidence is vital for building a robust invalidity case.
Results/Feedback
LitAgility summarized its findings using the Bridge IP™ platform, providing the client with prior art combinations deemed “indeed instrumental” for their invalidity arguments.
For patent litigation defendants, this translates to:
Stronger Defense: Detailed claim charts and well-supported obviousness arguments provide powerful tools to challenge the patent’s validity.
Improved Negotiation Position: A credible invalidity challenge significantly increases a defendant’s leverage in settlement negotiations, potentially leading to more favorable outcomes.
Reduced Liability: Successfully invalidating the patent can eliminate or substantially reduce potential damages, making a robust invalidity search a high-value investment.
Key Deliverables:
- 1 Patent Analyzed
- 14 Prior Art References
- 13 §102 Anticipation/ §103 Obviousness Claim Charts
- Average 14 Pages per Claim Chart