Evidence of Use (EoU) helps patent owners identify potentially infringing products in the marketplace. Our EoU charts patent claim elements to specific features of identified products and services, and provides an indication of the strength of patent infringement assertion.
An EoU investigation is critical prior to embarking on a patent assertion campaign. With the increased scrutiny being placed on patent owners to conduct infringement due diligence, an EoU investigation can help patent owners identify likely infringement versus potential infringement based solely on the claims as they read.
For patent investors, an EoU investigation may prove useful to understand the scope of infringement of a potential patent investment, and coupled with a Damage Modelling Assessment, may provide price guidance and an indication of future revenue potential of the patents at issue.
Envision IP’s team combines legal and technical analysis in order to determine appropriate narrow and broad claim scope interpretations based on our manual review of the prosecution and litigation history, as well as relevant case law. With an understand of how the claims may be construed in litigation going forward, we can map claim elements to features of infringing products and services, taking into account the physical product if available, user manuals, technical specifications, and prior litigation involving the product.