I. File History Analysis: General
Review of office actions, rejections, appeals, timeline, estoppels
II. File History Review B
Are there issues of priority of another patent application or of patent interference?
III. File History Review C
Are there issues of patent exhaustion or application of the first sale doctrine that would limit enforceability of the patent?
IV. File History Review D
Are there issues of enforcement due to expiration of the patent or the application of a statute of limitations barring recovery of damages for infringement of the patent?
V. Specification Review A: Definiteness and Enablement
How well does the written description of the invention satisfy the requirements of definiteness and enablement?
VI. Specification Review B: Patentability
Are there issues of the subject matter of the invention not being patentable, or of public policy disfavoring enforcement of patents in such area?
VII. Re-examination Analysis
Has the patent been re-examined?
VIII. Scope of Claims A: General
What is the scope of the claims of the patent?
IX. Scope of Claims B: Claim construction issues
Are there claim construction issues or Summary Judgment that limited the scope of claims?
X. Scope of Claims C: Doctrine of Equivalents issues
Is there a requirement to rely on the doctrine of equivalents to assert the patent against alleged infringers?
XI. Scope of Claims D: Divided infringement issues
Are there issues of divided infringement that would limit enforceability of the patent?
XII. Patent Term Remaining (useful life)
What is the remaining useful life of the patent?
XIII. Litigation history
Has this patent been litigated before?
XIV. Litigation Risk
Do Assignees in this technology/product/licensor area tend to favor litigation?