Value Delivered
GreyB identified clear prior commercial use and built a dual invalidity strategy using NPL and analogous art. This enabled the client to confidently challenge the patent in opposition, clearing a pathway to enter a $350 million market.
Problem Solved
The client sought to invalidate a menstrual cup patent to strengthen an ongoing opposition case. This was a high-stakes mandate, as the patent’s key claims had already survived following a prior round of opposition.The primary challenge was a specific claim limitation: a stem extension with a length greater than the cup body. An initial round of searching by the client had failed to identify prior art meeting this dimensional requirement, as most industry patents and commercial products featured stems significantly shorter than the device body.
Solutions Offered
Team executed a targeted Non-Patent Literature (NPL) search, shifting focus from traditional patent databases to consumer-facing blogs, forums, and product review sites. This methodology identified a commercial product that directly anticipated the primary claim limitation. To further solidify the invalidity position, the team mapped analogous art across the broader vaginal device domain, thereby addressing the patent’s claimed technical effect through an obviousness-based attack.
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