Gregory Upchurch

Independant Litigation Evaluations

Greg has over 30 years of experience in all aspects of patent litigation, from filing through appeal. He is recognized in the field, having written a three volume work on patent and trade secret litigation for a major legal publisher (Thomson West, 1995 to date). He has practiced patent litigation in major firms in New York City and St. Louis, and is an Adjunct Professor at Washington University Law School.

Markman/Claim Construction Evaluations

Independent evaluation of that most critical issue—claim construction. Two types of claim construction evaluations are available:

• Traditional pre-litigation claim construction based upon the patent and prosecution history.
• Pre-Markman ruling claim construction based upon the briefs filed and the claim construction history of the particular judge deciding the issue.

Validity Evaluations

Independent evaluations of validity issues—available both pre-filing and pre-ruling. Pre-filing evaluations look at validity issues based on the public record and any additional material brought to our attention. Pre-ruling evaluations are based upon the briefs filed in a particular case and the decision history of the specific judge deciding the validity issue.

• Anticipation
• Best Mode
• Double Patenting
• Indefiniteness
• Obviousness
• Written Description

Infringement Evaluations

Independent evaluations of infringement issues. Both pre-filing and pre-ruling evaluations are available. Pre-ruling evaluations are based upon the briefs filed and the history of the judge deciding the issue.

• Literal Infringement
• Doctrine of Equivalents
• Contributory Infringement
• Inducing Infringement