Things to Ponder Before Filing A Patent Infringement Suit

According to "Ten Things to Ponder Before Filing A Patent Infringement Action," by Brandon Baum (Mayer Brown LLP) via PLI, there are certain "good practices" you should engage before starting the time-consuming and pricey process of suit:

• Perform an infringement analysis of the accused product(s)
• Identify and preferably interview your witnesses
• Make sure everyone with a "need to know" is aware you are in pre-litigation mode
• Place a freeze on documents
• Identify preferred venue
• Identify and possibly retain consultants
• Review prosecution history and prior art
• Perform a rough damages analysis if the client is interested in damages
• Evaluate the target's likely response
• Understand and manage client expectations