Barr Group's software experts help attorneys better understand the technology at issue in patent litigation so they can prevail in their cases. Our experts are experienced with software patent litigation in U.S. District Courts, at the International Trade Commission (ITC), and Inter Partes Review (IPR) before the Patent Trial and Appeal Board (PTAB) as well as other proceedings at the U.S. Patent and Trademark Office (USPTO).
Software Patent Litigation
Many patent infringement cases--especially in U.S. District Court--proceed on two tracks, considering at the same time whether the patented invention is infringed by the accused product(s) and whether the patents are valid. Some plaintiffs and defendants choose to retain a single Barr Group software expert to investigate and testify on both issues; others assign each issue to a different expert.
Infringement of a patent can be demonstrated through technical analyses such as source code review, reverse engineering, and analysis of electronic circuits and schematic design documents. Our experts provide the legal team a deeper understanding of how the infringement is committed and assist in effectively presenting this to the court in easy-to-understand language.
Patent invalidity analysis involves technical review of prior art and the skills of a "person of ordinary skill in the art" (POSITA) at the time of the claimed invention. In the validity part of the case, an expert assists with prior art research and submits an expert declaration or witness statement to explain its significance.
Patent Expert Witness Services
Barr Group's software experts provide the following services to attorneys in patent litigation:
- Patent prosecution consulting and patent portfolio review
- IPR and ex-parte reexamination assistance at the U.S. PTO
- Prior art research and patent invalidity analysis
- Reverse engineering and infringement contentions
- Claim chart preparation and Markman tutorials
- Technical assistance with drafting of discovery requests
- Software source code review and analysis
- Expert reports, declarations, and witness statements
- Testimony at deposition, oral hearings, and trials
Barr Group has a demonstrated ability to quickly activate one or more code reviewers to match the size, scope, and complexity of any project.