Extrinsic Evidence: Solved

Markman hearings have become a mini-trial unto themselves. With so many IP cases resting on claim construction, litigators should use every tool at their disposal to prevent losing. Markman Review Panels offer superior extrinsic analysis of claim construction. Technical dictionaries can only provide so much information. Experts hired by a party for litigation are perceived as biased - and are readily discounted in many courts. Blind review of claim construction by top scientists in the relevant art provides maximum reliability and persuasiveness. Can you afford to not have mainstream scientists weigh in on your case?

Benefits

Discover how mainstream scientists in the relevant art will construe important claims

Provide the Court with neutral and unbiased extrinsic evidence

Educate the judge of important considerations in the art from a neutral perspective



...extrinsic evidence consisting of expert reports and testimony is generated at the time of and for the purpose of litigation and thus can suffer from bias that is not present in intrinsic evidence.

- Phillips v. AWH, 415 F.3d 1303 (Fed. Cir. 2005)

The Review Process (MRP)

Retention

  • You contact JuriLytics about your case

    We can be reached either by:

    • Phone at (650) 273-6476, Monday-Friday 8AM-5PM PST, or
    • E-mail at contact@jurilytics.com 24/7. We respond within 1 business day.

  • We perform a conflict check

    Before we can assist you with your case, we will perform a conflict-of-interest check with the parties involved in your case.

  • We are retained as consulting experts

    In order to assist you, JuriLytics must first be retained as a consulting expert. For new clients, a nominal retainer may be requested. A Client Agreement must also be executed by the client and JuriLytics.

  • You give us a case summary and patent materials to review

    After retaining our services, we will request patent materials that need review. The materials will include:

    • The patent(s) under litigation
    • The File History, if necessary
    • Any Prior Art that could be relevant
    • Any other relevant references that may inform the reviewer.

Review

  • We determine the relevant technical fields

    In conjunction with your input, JuriLytics will analyze the patent(s) to determine the relevant technical fields that are necessary to perform the peer review. JuriLytics has access to technical expertise across all academia, including medicine, biology, environmental science, economics, accounting, engineering, computer science, and much, much more!

  • JuriLytics assembles a short list of reviewer candidates

    JuriLytics will compile a list of 15-20 potential scientists/academics that are luminaries in the relevant art of the target patent(s). We have developed a customized process capable of finding those individuals that have published the most groundbreaking research and patents and are well-regarded in their scientific communities.

  • First 3 vetted reviewers perform analyses

    After selecting a list of reviewers, JuriLytics will perform a preliminary conflict-of-interest evaluation to make sure that the potential reviewer has not 1) co-published with the author of the target patent(s), and 2) been excluded in court as an expert witness. The reviewers will then be systematically contacted. All interested reviewers will then be asked to fill out a more detailed conflict-of-interest questionnaire. If no conflicts exist, then the reviewer will be retained by JuriLytics to analyze claim construction in the target patent(s).

    The entire selection process takes 1-2 weeks, depending on availability of scientists. JuriLytics recommends that the panel assembly process should be completed well before patent(s) needs to be reviewed. This will ensure a quick turnaround of the actual claim analysis, which usually takes only 1-2 weeks to complete.

Results

  • Reviewers complete customized analysis

    Reviewers will be given the patent(s) and related materials. The reviewers will also be given a Review Template that is customized by JuriLytics to provide in-depth analysis and bases for the claims that need to be construed. The client can evaluate the Review Template and make requests to add additional questions to the Template.

    Reviewers will typically complete their claim construction review within 1-2 weeks after receiving all materials.

  • Client uses the Reviews!

    After completion of the Reviews, JuriLytics will grant access to the non-final work-product to the client. Meanwhile, JuriLytics will check the Reviews for editorial errors and clarity. The Reviewers will then be given a chance to respond to editorial suggestions and finalize the Reviews. JuriLytics will then send the client all finalized work-product for their use.

    The Reviews will always remain protected under work-product doctrine unless the client decides to use the reviews in Court as extrinsic evidence for claim construction. In either case, the analysis and bases developed by the reviewers can be used to prepare for Markman briefs or hearings.

  • (Optional) Schedule a Q&A session with the reviewers

    If the client requests it, JuriLytics can arrange a telephone conference call so that the client can directly ask the Reviewers questions regarding their case and the patent(s) they evaluated. This service will be available pending the availability of the Reviewers.