As technology has rapidly developed in this field, so too has our reputation, into specialisations including wireless and mobile communications.
Communications engineers, electronics engineers, software engineers and mathematicians are rare in the patent profession, but at Maucher Jenkins we seek out these specialities to serve the specific needs of our clients and we have been fortunate to recruit and retain a strong team in these disciplines.
When patenting ideas that impact different layers of an Open Systems Interconnections (OSI system), careful consideration has to be given to the commercial realities of who might infringe. If a particular claim might ultimately be infringed only by a combination of players in the marketplace, this can dilute the value of that claim. Whether claims can be focussed on the physical layer, middleware or application layer, and whether they can be focussed on the client/user side or network/server side may also depend on the laws and practices of the office of filing. Considerations of this nature affect patent drafting, filing, and prosecution strategies, as well as enforcement advice and patent avoidance advice. These in turn impact valuation and negotiation.
We have extensive first-hand experience of standards-essential patents in terms of filing and acquisition, enforcement and opposition. We are used to dealing with or managing the avoidance of aggressive approaches from non-practicing entities (NPEs), as well as 'patent trolls', and have had many successful outcomes.
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