Evidence of use
Evidence of use is needed to demonstrate that devices or services suspected of infringement are actually implementing the individual features of a patent. Patent holders often suspect infringement but lack the information needed to build a convincing case. Gathering this evidence is important when grading cases in a portfolio, as well as when engaging a potential infringer in licensing or litigation activities.
Our specialised team of patent attorneys and litigators assist clients in gathering evidence that suspected devices or services make use of specific claims in patents. This often involves properly construing patent claims, obtaining samples of devices, gathering product literature, and devising tests that are aligned with patent claims in particular jurisdictions. Our litigation experience, technical knowledge and market understanding allows us to carry out these tasks effectively and in a timely manner.
The evidence we obtain is highly valuable and can be used in multiple scenarios including pre-litigation patent screening, technical licensing meetings, as well as litigation campaigns.
We work with clients to understand what their evidence of use requirements are. Depending on these requirements, we propose suitable evidence gathering measures that will assist our clients in meeting their goals.
Case studies
4G & 5G cellular standard technologies
We have carried out evidence of use analysis for a range of video and audio codecs. Our services in this respect include analysing and obtaining evidence of the use of specific video and audio codecs in a variety of hardware devices. Our testing methodologies enable us to identify specific codecs and/or coding profiles that are invoked when decoding certain media files, decoding streamed media, and encoding media locally.
Fluid diagnostic technologies
Working alongside court-appointed experts, our team assisted with evidence gathering and forensic evidence analysis in the field of fluid diagnostics. Evidence in the form of equipment and processes was obtained through a seizure order (saisie-contrefacon) and further refined and analysed to ensure the information was relevant and aligned with the claims in dispute.
Video streaming technologies
We have carried out evidence of use analysis for a range of video and audio codecs. Our services in this respect include analysing and obtaining evidence of the use of specific video and audio codecs in a variety of hardware devices. Our testing methodologies enable us to identify specific codecs and/or coding profiles that are invoked when decoding certain media files, decoding streamed media, and encoding media locally.
Services offered
Designing and implementing device tests
Performing forensic analysis of services
Performing field tests
Market intelligence studies
Trap purchases - on-line and in-person
Documenting evidence suitable for litigation proceedings
Our Team
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