Enforcing Patents

Client

Cannot disclose due to confidentiality agreement.

Challenge

The client had an extensive portfolio of patents in place to protect its investment in research and product development. Nevertheless, management suspected that it was losing out on revenue as competitors and companies in unrelated industries were potentially infringing on some of its patents.

While significant investment was made to protect its knowledge capital, enforcement against violators had to be pursued in order to make the patents effective. This was challenging as it required identifying which companies were in violation with the company's patents and which had successfully engineered around them.

Solution

Through a joint client and Aspen team, a systematic approach was defined to analyze patent infringement candidates. Given Aspen's extensive experience in method development, several methods were developed for testing materials against the patent claims. This allowed to efficiently assess the infringement candidates and provided the required analysis for the client team to plan appropriate corrective actions.

Working closely with the client and its legal council, Aspen was able to assist in effectively enforcing their patents. Through robust analysis and material expertise, some potential infringers were cleared while others were contacted to stop infringement and/or start licensing arrangements. This effectively addressed the patents that were at risk and created an added revenue stream for the client.

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