PATENT LITIGATION CONSULTING
Prior art analysis behind expert reports that hold up under cross-examination.
When a case turns on what the prior art discloses or how the claims should be read, you need analysis that survives a Daubert challenge, a deposition, and a skeptical judge. Patent Intelligence Group gives litigation counsel rigorous, defensible patent analysis from a registered patent attorney with 25 years of patent practice.
The problem we solve
Most patent cases are won or lost on technical analysis that has to be both legally precise and technically right. An expert who understands the technology but not patent law produces reports that fall apart on cross. And litigation teams are stretched thin: prior art and prosecution history work is detailed, specialized, and slow, and it competes with depositions, briefing, and trial preparation. We take that work off your plate, with analysis that reflects how examiners, the PTAB, and the courts actually read claims, so your team can stay focused on litigating the case.
What we do
Expert Reports: Invalidity and Rebuttal
We work with counsel and your retained expert on the analysis behind opening reports addressing anticipation and obviousness, including motivation to combine and secondary considerations, and behind rebuttal reports that identify gaps in the opposing expert's prior art mapping, unsupported claim interpretations, and hindsight reasoning. The report and its opinions are the expert's own. See Expert Declaration Support.
Prior Art Analysis
Targeted prior art searches that go beyond the references the examiner cited, and element-by-element claim charts built to support invalidity contentions, expert reports, or settlement leverage.
Consulting Expert Support
Behind-the-scenes analysis protected as attorney work product. Pressure-test invalidity and non-infringement theories, prepare to depose the opposing expert, and develop claim construction positions before you commit to them.
Complex File Histories
Long prosecution histories, continuation families, ex parte reexaminations, and prior IPRs can leave thousands of pages of record, and what the applicant or patent owner said along the way can narrow the claims. We work through the full record, identify estoppel and disclaimer, and show how it bears on the claims at issue, so your team doesn't have to dig through it while litigating the case. Hands-on experience in IPR and ex parte reexamination is uncommon, even among patent attorneys; our founder has drafted IPR petitions, argued before the Board, and handled ex parte reexaminations.
Simple technology, hard-fought cases
Some of the hardest-fought patent cases involve the simplest technology: building products, tools, consumer goods, luggage, packaging. When anyone can understand the device, the case turns on claim construction, the prior art, and whether the invention was truly obvious. Our founder holds a B.S. in civil engineering, and this analysis is the core of what we do.
01
Confidential Scoping
Initial confidential call to discuss the matter and perform a conflicts check to ensure your engagement is legally secure.
02
Engagement Letter
Scope the engagement to the specific technical requirements and deliverables, ensuring a clear and legally binding agreement.
03
Analysis & Delivery
Analysis of prior art and prosecution history for your expert to review, adopt, and sign under FRCP 26(a)(2)(B), plus rebuttal analysis, consulting memos, claim charts, and deposition preparation.
Engagements are scoped to each matter and billed on an hourly basis. Every engagement is handled personally, not delegated to junior staff.
Representative engagements
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Prepared non-infringement opinions for Fortune 100 companies ahead of product launches, comparing products to each asserted claim element in light of the prosecution history.
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Prepared infringement opinions for patent owners evaluating assertion against competitor products, including claim construction and doctrine of equivalents analysis.
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Prepared invalidity opinions grounded in prior art searches that went beyond the art cited during examination.
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Located and analyzed prior art the examiner never considered, supporting invalidity contentions and expert reports in district court patent litigation.
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​Retained to rebut opposing experts on obviousness in district court patent litigation.
Client identities are confidential. Prior results do not guarantee a similar outcome.
Frequently asked questions
What does a prior art expert report include?
An opening invalidity report identifies the asserted claims, the level of ordinary skill in the art, the claim constructions applied, and the prior art relied on. It then maps each claim element to that art with an anticipation or obviousness analysis, including motivation to combine and secondary considerations, and is prepared to meet FRCP 26(a)(2)(B).
What is the difference between a consulting expert and a testifying expert?
A consulting expert works behind the scenes for counsel, and that work is generally protected as attorney work product. A testifying expert signs a report, is disclosed to the other side, and can be deposed and cross-examined. Many engagements start as consulting work and convert once the theory is settled.
When should counsel bring in a patent consultant?
Early, before invalidity contentions are served or claim construction positions are taken. Early analysis shapes which prior art to pursue and avoids positions that later undercut the expert report.
Do you handle simple mechanical technologies?
Yes. Building products, tools, consumer products, luggage, sporting goods, and packaging cases often turn on claim construction and obviousness, which is the core of this work.
How are engagements billed?
On an hourly basis, scoped to the matter in an engagement letter after a conflicts check. We do not offer fixed-fee packages.