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Patent Law
: Philip Brooks’ Patent Infringement UpdatesCollecting Evidence of Infringement
By Philip Brooks
In a presentation to the Boston Entrepreneurs' Network on January 3, 2006, Brian T. Moriarty of Hamilton, Brook, Smith & Reynolds, P.C. made the following observations about patent infringement investigations:
Collecting Evidence of Infringement
? Hunches and ?I know it? DON?T work
? Go get proof
? Document your search
? Keep your lawyer in the loop and keep it confidentialMarket Intelligence
? Web sites
? Patent applications
? Trade shows
? Trade journals
? Sales material
? Other lawsuits
? Word-of-mouthCollecting Evidence
? Must be honest
? No illegal collecting of evidence
? No spying or fraud
? Can be aggressive, can?t be dishonest
? Everything you do will be second guessedAnalyze the Evidence
? Critically analyze evidence
? With valid scientific tests and methods
? Compare evidence with claims
? MAKE A CLAIM CHARTDevelop Your Proof
? Can your theory of infringement be clearly explained?
? If not, something is wrong
? Every element must be included
See the full presentation here.
Full post as published by Philip Brooks’ Patent Infringement Updates on April 18, 2008 (boomark / email).
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