Steering Potential Patent Infringement to Victory

Case Study

About This Case

How an infringement analysis turned potential lost customers into lifelong supporters of our client’s business.
ServicesPatent Prosecution, Counseling & Review

Our clients often need our expertise in assisting in patent infringement scenarios, whether they have just received a cease and desist notice or are already embroiled in an active lawsuit. When a large multinational corporation began to claim significant market share from our client by threatening small customers with their growing patent portfolio, our client reached out to us for creative solutions. Drake & Associates identified a hidden weakness in the multinational’s that invalidated much of the portfolio that was being used to intimidate the client’s customers. Working with the client, we created a communication package for use with the client’s customers which explained the weaknesses in the multinational’s patent prosecution file and reassured the customers as to their own IP positions. Although the client never received any direct threats from the multinational, soon after they began immunizing their clients against the multinational organization’s threats, the competitor exited the market. As a follow up, Drake & Associates worked with the client to create a focused competitive intelligence program to stay ahead of future threats and developed a filing strategy for capturing more value from the client’s own research and development.