We have developed a unique practice to help companies save millions of dollars in litigation costs and potential liability, and measure and eliminate potential risk in the acquisition process. Patent Forensics is the advanced scrutiny of patents by a team of scientists and patent experts. Because several former patent examiners and more than 50 Ph.D. scientists are employed at Sterne Kessler, we are able to assemble a specialized team to deconstruct patents in numerous technical areas. Once the team is identified, we apply a proven methodology derived from our years of multidisciplinary experience with patent prosecution and litigation.
Litigation costs are soaring and the risks associated with trying patent cases are uncertain. We are often times hired by defendants after a bitter dispute has been raging for years with one specific task - to find a way to end the litigation. Even excellent litigation firms can get so bogged down in the process of running the litigation machine that they do not have the time or inclination to find a unique exit strategy for the case. When faced with the daunting task of reviewing millions of electronic records and looming discovery deadlines, the litigation team sometimes forgets what the fight is actually about. It is not unusual for there to be an obvious solution to the dispute which is missed by litigation counsel.
We are often hired, not as co-counsel, but as special counsel to look for and find solutions to patent disputes. This allows litigation counsel to continue their work without being distracted.
- In one case, a battle had been raging for nearly a decade when the Sterne Kessler team was called in to perform Patent Forensics services. In only a few months, the team developed a detailed plan to terminate the case. The plan was presented to litigation counsel, executed, and nearly a dozen patents were found to have been inequitably procured. Our client was also awarded attorney fees.
- In another case, years of litigation were cut short because a Sterne Kessler Patent Forensics team member investigated a seemingly innocuous sentence from a twenty page document filed at the U.S. Patent and Trademark Office. This single sentence turned into summary judgment in favor of our client. The judgment was affirmed by the Federal Circuit in a decision well known for its refusal to give the plaintiffs a "mulligan" for what the plaintiff characterized as a one sentence error.