Intellectual Property: Patents, Trademarks, Copyrights & Trade Secrets

For over 40 years, Exponent has been the foremost leader in assisting businesses, attorneys, and inventors with issues pertaining to 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. Our specialists are internationally recognized in their fields and have significant experience in various aspects of intellectual property, including infringement, validity, claim interpretation, prior art, trade dress, trade secrets, due diligence, and valuation.

Many of our engineers and scientists hold US and international patents, have founded their own startups predicated upon proprietary technology, or have led R&D at various Fortune 500 companies. In addition, our full time consultants have taught and conducted cutting edge research at the premier university and government laboratories. Our team is supported by state of the art laboratories and computational and simulation resources.

Patent Infringement & Validity

When questions arise over infringement or validity of a patent, Exponent scientists and engineers 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. Exponent scientists and engineers are frequently called upon to investigate technical issues related to all stages of all types of intellectual property disputes including initial filings, Markman hearings, district court motions, jury and bench trials, America Invents Act (AIA) inter partes reviews, exclusion orders, and preliminary injunctions.

Once 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 via written work product in the form of expert declarations and reports, and orally in claim construction hearings, trials, arbitrations, Interference Proceedings, and before the International Trade Commission (ITC) and Patent Trial and Appeal Board (PTAB).

Trademarks, Copyrights & Trade Dress

Exponent offers a broad range of consultation on design patents and issues related to trademarks, copyrights, and trade dress. As part of infringement analysis, our technical staff helps to identify functional aspects of designs and trade dress, and our Human Factors practice can provide assistance with the interpretation of visual or psychological responsiveness to a design.

Our Electrical Engineering and Computer Science practice assists in source code and object code evaluation to form opinions on software copyright infringement. Our consultants have experience applying abstraction-filtration-comparison test, and evaluating whether merger and scenes-a-faire doctrines are applicable. Our consultants also have wide ranging experience in technologies enabling Digital Rights Management and technical aspects of the Digital Millennium Copyright Act. Furthermore, our computer scientists can provide assistance with the interpretation of copyrighted software.

Our Statistical and Data Sciences practice routinely surveys consumers regarding purchasing influences, and develop methods to measure and demonstrate similarities and differences among geometric, textural, or other design features.

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

Exponent scientists often provide 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.

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