Exponent provides technical assistance
to businesses, attorneys, and inventors to help understand
and evaluate intellectual
capital. Our staff of more than 600 scientists, physicians,
engineers, and other professionals comprises expertise in
more than 70 different technical disciplines. Many of our
specialists
are internationally recognized in their fields of achievement,
and have significant experience in matters involving
intellectual property.
Patents
When a dispute arises over the utility or effectiveness
of a claimed feature or improvement, Exponent scientists
and engineers can develop and implement tests to assess differences
in function or demonstrate whether utility
is substantial. Our state-of-the-art testing and engineering
center in our Phoenix office has been used on numerous
occasions to prepare trial demonstratives. Our visual communications
staff use the latest videographic and
animation technologies to help describe a complex idea in
simple terms.
Resolution of a patent dispute often hinges
on precise interpretation of the language used to specify
and claim
the invention. Exponent’s specialists can provide assistance
with claim interpretation in a number of ways:
illustrating the meaning of a technical concept through comparative
examples and visual demonstratives, clarifying
the precise manner in which claimed features interact, or
opining about the completeness and suitability of
drawings and specifications. Our breadth and depth of experience
and our accomplished record as trial experts
can be a potent supplement to a patent litigation team.
Exponent
staff have been called upon to provide many types of expert
assistance on patent cases:
| • |
Engineering testing (comparison of utility, function,
design of claimed features) |
• |
Invalidity evaluation (novelty, non-obviousness, utility,
enablement, etc.) |
| • |
Claim interpretation (construction, limitation, physical
comparison, etc.) |
• |
Prior art research |
| • |
Infringement assessment (“literal” or “equivalent”) |
• |
Expert reports and testimony (affidavit, rule 26, Markman
hearing, jury trial, interference proceeding, etc.) |
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. Our Human Factors practice can provide expert
assistance with the interpretation of visual or
psychological responsiveness to a design. Our Data/Risk Analysis
practice can develop methods for categorizing
and demonstrating similarities and differences among geometric,
textural, or other design features. Furthermore,
our computer scientists can provide assistance with the interpretation
of copyrighted software or computer logic.
Valuation of Intellectual
Capital
On numerous occasions, our staff has provided confidential
consultation to businesses that seek to understand
the value of published 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 advice has been used by our clients during
license negotiations, and for purposes of corporate
mergers and acquisitions.
Intellectual Property
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