IP Litigation is costly and time consuming; High stakes cases could cost upwards of $4 million
Litigation favors plaintiffs who can assert patent claims together to secure settlements or licenses
Prior art identification against multiple patents is tough, costly and takes many weeks/months
Advancements in AI tools like InvalidatorLLM empower defendants to
Rapid Prior Art Searches
Deploy AI tools like InvalidatorLLM to swiftly identify relevant prior art
Claim Chart Generation
Use AI to develop precise claim charts mapping prior art to claims
Negotiation Leverage
Present robust invalidation evidence early in negotiations to pressure plaintiffs into favorable settlements
Public Disclosure
Strategically publicize identified prior art to weaken plaintiffs’ patents
Negotiation Leverage
Present robust invalidation evidence early in negotiations to pressure plaintiffs into favorable settlements
Rapid Search
Claim Chart
Negotiation
Public Disclosure
Ongoing Evaluation
The Challenge: Sued by patent troll (Sable Networks)
Expected Outcome: Most companies settle
Cloudflare’s Response: Refused to settle
Initiative: Project Jengo
Crowdsourcing: Public invited to find prior art
Incentive: Cash bounties for valid entries
Lawsuit
filed
Project
launched
Community submissions
Trial
victory
Troll surrenders patents
Outcomes:
Message to Patent Trolls:
Strategic Innovation:
“Aggressive prior art search against plaintiff’s patents and disclosure of results could help secure a favourable settlement or compel the plaintiff to abandon the lawsuit.”
Strategically employing AI tools allows defendants to robustly challenge patent litigation, transforming potential liabilities into effective negotiation advantages and deterring future patent lawsuits
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