IP Intelligence
Having done extensive research on IP risk for almost 20 years, we are also able to produce many intelligence reports which enable you to make ongoing business decisions regarding your intellectual capital, regardless of insurance coverage. From an insurability review, which can be used for underwriting our Defense policies, to IP valuations, we’ve become experts at researching and analyzing your intellectual capital and the market in which it thrives. Here are a few of these services:
- Insurability Review report – Essential information regarding the chance of a lawsuit accusing you of patent infringement. We provide you with specific information regarding the relative patent landscape in the art area of your product. The underwriters analyze the specifications of your product and compare that information to the claims of those patents representing potential risks. This report is not an opinion of non-infringement; rather, the underwriter is attempting to discern the potential for a lawsuit. The analysis is whether a reasonable IP holder would, given the facts, bring suit against you for infringement. This is certainly related to, but inherently more comprehensive than, a non-infringement opinion. They will also be looking at litigation statistics for the industry and specific IP holders. We know, for example, that there doesn’t have to be a great case for literal infringement for a patent troll to attempt to gain licensing revenue – we review all facets of IP risk.
- Early Intervention service – included in all Abatement insurance polices. This is an informative letter mailed by IPISC to potential infringers. It makes them aware of your intellectual property and the fact that you are insured. This communication from us as a 3rd party often results in licensing and other negotiations, and precludes costly litigation.
- Patent and Technology Valuations – for the purpose of sale or loan collateralization. We use a conservative system known as the Orderly Liquidation System to assess revenue potential as well as infringement risk.
- Design Around Service – In the event a client is developing a new product, we are able to assist in the design to reduce the risk of patent infringement. Again, this is not a legal opinion, but we will search both expired and unexpired patents and applications to determine a safe haven for purposes of insuring your technology. By using this service you can also be guaranteed Defense coverage.
- IP Enforcement report – an analysis of your IP’s insurability vis-à-vis potential accused products.
- Technology report – an assessment of the importance of your technology as compared to competitors in your industry.
The leading companies in our economy are utilizing their IP as another tool in the toolbox for increased revenue potential and market share. IPISC can assist you in maximizing these tools and reducing the chance of loss by supporting intelligent decision making.