For over 40 years, Exponent has helped businesses, attorneys, and inventors address issues involving intellectual property. Our full-time technical staff of engineers, scientists, physicians, and support staff located in offices worldwide provide expertise in more than 90 technical disciplines. Many of our technical staff have worked for Fortune 500 companies as leaders in their R&D and product development organizations and hold numerous US and International Patents. Our technical staff is supported by state of the art laboratories and computational and simulation resources.
Our full time technical staff have taught and conducted leading edge research at our best universities and government laboratories. Many of our specialists are internationally recognized in their fields, and many have significant experience in matters involving intellectual property, including infringement, validity, claim interpretation, prior art, design-around, trade dress, trade secrets, due diligence, and valuation.
Patents: Infringement, Validity, Design-Around
When questions arise over infringement or validity of a patent, Exponent scientists and engineers can develop and implement testing or computer simulations to shed light on the issues. Additionally, our extensive industrial and academic experience and network of contacts at all levels of commercial product and process development can be brought to bear on questions relating to claim construction, prior art, novelty, or enablement.
Once our testing and analyses are completed, our visual communications staff can employ the latest videographic and animation technologies to present complex data effectively in a courtroom or a boardroom. Exponent engineers and scientists also have extensive experience presenting the results of their analyses and tests in claim construction hearings, trials, arbitrations, Interference Proceedings, and before the International Trade Commission.
The United States Patent and Trademark Office has articulated that the patent process feeds innovation by encouraging inventors to find ways to design around existing patents. To that end, Exponent has worked with companies to help find novel ways to accomplish design objectives without infringing existing patents.
Exponent technical staff have been called upon to provide many types of assistance on patent cases:
- Engineering testing, feasibility, and reduction to practice
- Validity evaluation (novelty, obviousness, utility, enablement, etc.)
- Prior art research
- Infringement assessment
Trade Dress, Trademarks, and Copyrights
Exponent also offers a broad range of consultation on design patents and issues related to trade dress, trademarks, and copyrights. As part of infringement analysis, our technical staff can help identify functional aspects of designs and trade dress. Our Human Factors practice can provide assistance with the interpretation of visual or psychological responsiveness to a design.
Our Statistical and Data Sciences practice can survey consumers regarding purchasing influences, and develop methods to measure and demonstrate similarities and differences among geometric, textural, or other design features. Furthermore, our computer scientists can provide assistance with the interpretation of copyrighted software.
Trade Secret
The extensive industrial background of many of Exponent’s engineers and scientists is well suited for evaluating issues associated with industrial trade secret disputes. Our testing and analysis, including computer code deconstruction, has resulted in key insights into whether or not a particular process does give the practitioner an advantage or whether a process is easily ascertainable without access to confidential information.
Valuation of Intellectual Capital
On numerous occasions, our staff has provided consultation to businesses that seek to understand the value of intellectual property. We perform technical due diligence for investors or their representatives (e.g., venture capitalists or investment bankers) as they seek to determine the value of a target firm’s intellectual property, such as a portfolio of patents. Such advice has been used by our clients during license negotiations, and for purposes of corporate mergers and acquisitions.
Our highly skilled and experienced staff is available to help you in answering important questions associated with intellectual property.