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Archived updates for Tuesday, September 11, 2007

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
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