ITC & IPR Litigation Support

US International Trade Commission Litigation

Exponent’s engineers and scientists have participated in numerous Section 337 Investigations before the ITC, on behalf of both complainants and respondents, for issues related to biomedical, electrical, mechanical or materials design of products. We have performed analysis of validity of the patents in question, addressing issues of:

  • Anticipation (35 U.S.C. Section 102)
  • Obviousness (U.S.C. Section 103)
  • Graham Factors
  • Secondary Considerations
  • Prior art
  • Best mode
  • Enablement (U.S.C. Section 112)

Exponent has also tested thousands of products to evaluate infringement on one or more claims, and our methods and techniques have held up to the highest levels of scrutiny and cross-examination. We have also addressed issues surrounding the technical prong component required to establish domestic industry for asserted claims.

The fast-paced nature of ITC cases is perfectly suited for Exponent, as our staff is accustomed to executing high quality work in short time periods. 

Our breadth and depth of experience is also reflected in the technologies that we have been involved in for Section 337 Investigations. Such technologies include:

  • Polymeric materials
  • Household appliances
  • Semiconductor processing
  • Non-volatile memories
  • Computer and microprocessor architecture
  • Cell phone technologies
  • Kinesiotherapy devices
  • Light emitting diodes
  • Software

Our staff’s analysis includes:

  • Prior art searches
  • Reverse engineering of commercial products
  • Analysis of electrical circuitry
  • Mechanical testing
  • Source code review
  • Analysis of semiconductor fabrication processes

Based on such analysis, Exponent has assisted clients by offering expert opinions regarding infringement, domestic industry and patent validity. Exponent has also offered opinions on claim construction and provided technology tutorials to ALJs.

Patent Trial and Appeal Board Inter Partes Review

In 2012, the America Invents Act established the procedure for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The IPR is designed as a supplement to co-pending patent litigation and intended to be an accessible and time efficient venue for challenging a patent’s validity. Once a petition is accepted by the PTAB, a final decision by the Board is issued within one year. Exponent’s consultants are well experienced in delivering high quality work product in such short time frames and have successfully defended multiple patents from IPR challenges.


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