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• Board Certified Forensic Engineer

Intellectual Property: Patents are granted by federal governments based on the novelty and usefulness of a device (apparatus) or method. Patent investigations include analysis of the technical aspects of the accused product as well as the prior art that existed before the patent application was filed. Patents have a term that is determined on when the patent application was filed or when the patent was finally granted.

Trade secrets are intellectual property as determined by each State rather than by Federal standards. Trade secret investigations include both technical and commercial aspects of the material considered a trade secret by the IP owner. Trade secrets do not have a standard period of validity.

Intellectual property litigation requires clear and concise presentation of complex technology to a lay judge and jury. A forensic engineer having experience in the patent's technical field can assist the court in determining the scope and content of the patent claims or trade secrets. Experience in the related commercial arenas is useful in determining the scope of real world situations. Intellectual property litigation therefore benefits from analysis and testimony by a forensic engineer having technical competence as well as commercial experience coupled with the ability to explain important details with seasoned communication skills.

Arthur Zatarain has worked with intellectual property since 1998 for a variety of electrical and electronic devices and systems, generally related to controls and automation. The work has included claim construction (Markman), infringement analysis, patent validity, and trade secret analysis. Sample engagements include:

Arthur Zatarain has also provided non-litigation support for patent matters involving valuation, licensing, technology transfer, and patent portfolio optimization. These projects often include research similar to that of litigation in an effort to properly frame the patent's scope, and to better evaluate the technology's position in the marketplace.

Such analysis can include claim construction, prior art research, success in the marketplace, and design-around options for competing products. Additional analysis tools include a Strength Weakness Opportunity Threat (SWOT) analysis to provide patent owners and potential-owners an objective tool to analyze single patents as well as patent portfolios having related technology.