Sometimes, a client is interested in using an existing technology patented by a competitor, or the competitor may decide to sue a client for patent infringement. The client might seek a license under that patent or might instead determine whether that patent is invalid. Both approaches have the greatest chance of success by performing a validity search.
On the one hand, if we identify clear evidence that the patent is invalid, the client can use that information to leverage their position during licensing negotiations and/or litigation. Alternatively, the client might decide to proceed to use the technology and address the issue of invalidity if and when the competitor approaches the client.
On the other hand, if we do not identify evidence that the patent is invalid, the client has a better understanding of where they stand during licensing negotiations and can decide either to design around the patent or to discontinue pursuit of the technology.
If your company is looking for prior art to invalidate a competitor's patent, we can help with our multi-lingual validity search service. We have had significant success in identifying invalidating prior art. Clients involved in litigation have used our search results to invalidate third party patents, for opponents to discontinue litigation, and improve their position at the bargaining table. Clients considering Paragraph IV Certification in an ANDA have successfully used our search results to certify non-infringement by establishing invalidity of third party patents. We have successfully helped clients at the negotiation table and in guiding product and technology development to minimize the chances of litigation.
