"eComp Consultants brought a wide range of Internet and e-commerce expertise to the case … It is my pleasure to recommend eComp Consultants."
Dorsey & Whitney LLP
Over the last decade the IT industry has seen a significant increase in patent litigation cases. This has increased the demand for industry experts to research, report and testify on these technologies. eComp Consultants expects this trend to increase as e-Commerce and telecommunications become more a way of life and business globally. The continued expansion of Internet systems into the next decade will create more patent litigation thus requiring more expert witnesses.
eComp Consultants is a premier intellectual property consulting firm providing a specialized staff of senior industry experts that meet the needs of technical litigation support.
The Expert Services division at eComp Consultants provides professional consulting and expert witness services in connection with intellectual property litigation in the areas of internet technology, telecommunications and information technology. The team consists of a collaborative staff of senior industry experts and executives. Because of the collaborative makeup of both testifying and consulting experts, eComp Consultants can provide full lifecycle services including technology research, expert reports, deposition, trial testimony plus follow-up consulting for implementation of judgments.
The Expert Services division specializes in advising attorneys and their clients on the technical aspects of patent infringement, damage assessment and portfolio valuation. Our services include extensive prior art analysis to support infringement or non-infringement claims including validity and invalidity evaluation. Expert reports are produced outlining the details of the analysis in understandable and concise language with clear opinions and conclusions. Our highly skilled experts also provide compelling and decisive deposition and testimony.
- Overall analysis of the patent(s) to describe the nature (and value) of the invention in clear concise terms.
- Informative Technology Overviews to place the invention in the proper context at the time of the invention.
- Strategic use of terminology including claim construction and contribution to Markman proceedings.
- Compelling presentation of infringement and non-infringement opinions. Clearly defining the meaning of the claim limitation based on the patent specification, the application within the industry and within patent law requirements.
- 1st level: “Triage” – Identify key technical differentiators of the patent and estimate effort to locate prior art candidates.
- 2nd level: “Detailed analysis” – applying the best and fewest prior art examples to meet the limitations.
Triage is intended to provide a quick estimate of what will be required in the second level of analysis so that the client can make decisions. For example, based on the number and type of candidates found in triage level, eComp Consultants will know if the selection of prior art (or infringing products) will be straight forward and predictable, or whether a broader search will be required.
Validity & Invalidity
eComp Consultants is skilled at finding the best prior art (or most applicable infringing products) to meet the claim limitations as well as forming the best rebuttals to invalidity contentions.
- Determine if deliverables met the software contract terms
- Did the vendor software perform what was required when it was required?
- Did the client perform any actions to hinder or elongate the design and completion of the software?
- Compare software code
- Do the algorithms reference the use of trade secrets?
- Does the software actually indicate code taken from another source?
- Evaluate project management
- Did the vendor properly manage the project resources, budget and dependencies?
- Did the client respond to change requests and vendor recommendations?
- Quantify due diligence of both parties according to industry practices
- Did the defendant have the appropriate technical resources to perform the project as advertized?
- Did the plaintiff provide clear and consistent business requirements?
eComp Consultants knows the characteristics of a testifying expert versus a consulting expert. Testifying experts always perform sufficient preparation, know the material and prepare for specific lines of questioning. Other techniques that eComp Consultants experts are well versed in include:
- Keeping the answers consistent no matter how many times the same question is presented.
- Answer only what is asked.
- Keep an even pace, do not answer too quickly.
- Wait for objections.
- Do not speculate.
- Always refer to materials when appropriate rather than guess.
- Actual loss of profits from lost sales
- Worth of lost licensing opportunities
- Value of defendant revenues and profits
- Proper apportionment techniques
- Market damage and consumer confusion