In preparing his new patent applications, plus inventions for clients who request specific inventions and technology solutions, he has devised a number of check lists and procedures to help in the evaluation of the technology and patents. This helps him in determining which inventions and patents are worth pursuing and licensing, and in the transfer of important, practical, and profitable technology. As a byproduct of his technique for preparing strong claims for his own inventions, and in helping clients bypass blocking patents, Aisenberg has found to his surprise that many of the competitive and potentially blocking patents, as well as patents issued to clients can be bypassed. Sometimes, just changing one or two words in a patent claim, and just modifying some related procedures will permit bypassing of independent claims, and the associated dependent claims. With this suggestion from Aisenberg, the patent attorney can have the ability to correct this weakness in time, by using the right words.
Many patent attorneys like to attack blocking patents by finding prior art.
Aisenberg has the advantage of a strong background in many fields, and thus can also evaluate the weakness of the technology in a blocking patent. We also have to consider the Doctrine of Equivalents with respect to a patent to be bypassed. If an approach is found to be equivalent then infringement can be ruled. Absence of even one of the three requirements will prevent a finding of patent infringement. Analysis by Aisenberg has convinced him that the Doctrine of Equivalents will not apply to his suggested solution to the problem of paying royalties for the patent owned by E-data.