Claim deconstruction
We broke down each asserted claim into discrete technical elements to guide search precision and ensure full claim coverage.
The Challenge
Our client was named in a patent infringement lawsuit brought by a non-practicing entity (NPE). The asserted patent covered web-based video delivery workflows, including uploading video to a webpage, transcoding into streaming formats, displaying thumbnails, associating advertisements with streamed content, and enabling playback of both ads and video within a browser environment.
Given the breadth of the asserted claims and an early priority date, the defense team required a highly focused prior art search to evaluate invalidity options and support a coordinated litigation strategy.
The Solution
We worked closely with their external counsel to define a highly specific search framework centered on the key claim elements, focused on the harder to find elements of the claims.
Instead of a broad landscape search, we focused on early implementations of streaming media delivery and ad-supported web video systems to surface technically relevant prior art.
Our key steps included:
Our impact
Our findings provided the client and their counsel with a strong foundation and the results were instrumental in supporting the preparation of a (then) Covered Business Method (CBM) petition before the Patent Trial and Appeal Board (PTAB) and the concurrent district court case.
Preparing for a patent invalidity challenge?
Whether preparing for district court litigation or PTAB proceedings, timely and defensible technical research can help inform key strategic decisions.
The challenge
A broad streaming video patent asserted by an NPE required targeted prior art to evaluate invalidity and support litigation defense strategy.
Why it worked
Focused prior art strategy
We aligned every search step to specific claim limitations, ensuring highly relevant and defensible prior art for PTAB and court use.
The outcome