Proactive Infringement Analysis Supports Licensing Strategy

LitAgility conducted an analysis using advanced AI tools to detect potential infringement by a competitor prior to their product launch, focusing on features that may infringe the client's patents. This involved examining 27 of the client’s patents and 11 of the competitor’s patents to identify features with direct matches and those requiring further inspection, effectively uncovering potential infringement intent through product planning. The resulting intelligence aided the client in licensing discussions and settlement negotiations.

Client

A Fortune 500 medical device company.

Context

The client, the plaintiff, faced a common challenge: a competitor’s impending product launch threatened their market position and potentially infringed their valuable patent portfolio. The client invested substantial resources in developing this portfolio, prioritizing its protection. Since the competitor’s product was not in the market, conducting a traditional post-launch infringement analysis was impossible. The client needed a proactive strategy to address the potential infringement before the competitor’s product hit the market. These situations require early action and can be decisive in shaping the outcome of future litigation or licensing negotiations.

How LitAgility Helped

LitAgility used BridgeINDEX™ advanced AI to analyze 27 of the client’s and 11 of a competitor’s patents. This in-depth analysis identified direct matches between the competitor’s planned product features and the client’s patent claims, pinpointing clear instances of potential infringement. It also highlighted features that were potentially infringing but required further investigation.

This detailed pre-launch analysis allowed the client to understand the competitive landscape, enabling them to shape the narrative, maximize leverage in negotiations, and reduce risk by facilitating early resolution and potentially avoiding costly litigation.

Results/Feedback

The evidence and analysis were delivered within the Bridge IP™ platform for easy review. The client confirmed these materials would be valuable in their upcoming settlement discussions. For a plaintiff, this translates to:

• Clear and compelling evidence: The detailed, litigation-grade claim charts strongly support the plaintiff’s infringement claims.
• Efficient dispute resolution: Well-organized evidence facilitates efficient negotiation and potentially earlier settlement.
• Stronger litigation position: If necessary, the plaintiff enters the courtroom with a well-developed and thoroughly supported case.

Case Metrics:

• 27 Client Patents Analyzed
• 11 Competitor Patents Analyzed
• 11 EOU Charts
• 11 References
• Average 58 Pages per Claim Chart