If you believe your patents are being infringed, we will analyse your claim, at no cost to you and with no obligation to continue, to determine if it is viable . A viable patent infringement claim is one where:
- the patent is valid;
- there is a reasonable basis to believe there is an infringement, and it will be possible to prove infringement; and
- there are sufficient potential damages to cover the cost of assessing the portfolio, and licensing and/or litigating the patent.
If we determine that you have a viable patent assertion position, we will offer to create, implement and finance a global patent enforcement campaign on your behalf. Our fees are structure to suit the client and the project, and may comprise an upfront or ongoing service fee, and/or a share of the total compensation – royalties, awards, settlements and other revenue – resulting from the project. Over the past decade, the Iperative team has developed an efficient and proven staged process for engaging with clients and patent portfolios.
The parties share high-level information about the patents and potential infringers under a Non Disclosure Agreement, and together assess the nature of the opportunity and the most suitable strategy and engagement structure.
The parties negotiate and enter into an engagement agreement to enable an in-depth investigation of the opportunity. The engagement structure is chosen to suit the needs of the project.
Upon successful completion of Stage 2, Iperative accepts the engagement, implements the monetization strategy, and shares the returns with the client.