DC District Courthouse

Patent Forensics

Sterne Kessler’s deep understanding of patents, patent prosecution, and technology enables us to find creative and efficient routes to resolving litigation.

Deconstructing and applying advanced scrutiny to patents can lead to a quick and inexpensive resolution of litigation. Our team of patent forensics specialists apply scientific, technical and patent expertise to find creative solutions that resolve litigation favorably for our clients.

We have developed a unique practice to help companies save millions of dollars in litigation costs and potential liability. The same methods can be applied in transactional settings to measure and eliminate potential risk in the acquisition process. Patent forensics involves the advanced scrutiny of patents by a team of scientists and patent experts.

Because Sterne Kessler employs several former patent examiners and more than 50 Ph.D. scientists, we are able to assemble a specialized team to deconstruct patents in numerous technical areas. We assemble specialty teams based on the industry and technology involved. Once the team is assembled, we apply a proven methodology derived from our years of multidisciplinary experience with patent prosecution and litigation.

Our patent forensics team is most often deployed in one of three scenarios:

  • Integrated on litigation team. One of the primary advantages Sterne Kessler has as lead litigation counsel on IP litigation is our ability to deconstruct patents and the underlying technology involved in a case. Our integrated teams draw on deep technical training, patent knowledge, leadership in PTAB litigation, as well as the outstanding creativity and credentials of our trial lawyers. As a result, we often achieve superior outcomes for litigation clients at dramatically lower costs.
  • Serving as special counsel. Sterne Kessler is often hired, not as co-counsel, but as special counsel to look for and find solutions to patent disputes.  In those cases, we have one specific task — to find a way to end the litigation. This allows litigation counsel to continue their work without being distracted. Even excellent litigation firms can get so bogged down in the process of running large-scale litigation that they miss a potentially obvious solution to the dispute in the midst of motions and discovery.
  • Risk management for transactions. We also apply our patent forensics capabilities in transactional due diligence, helping clients to assess and reduce risk associated with acquired IP assets.