Collecting Evidence of Infringement

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 confidential

Market Intelligence

• Web sites
• Patent applications
• Trade shows
• Trade journals
• Sales material
• Other lawsuits
• Word-of-mouth

Collecting 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 guessed

Analyze the Evidence

• Critically analyze evidence
• With valid scientific tests and methods
• Compare evidence with claims
• MAKE A CLAIM CHART

Develop 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.

Comments

[Bob]

As the person who organized the meeting at which Brian spoke, Thanks for taking note of his presentation.

Bob Weber
Vice Chair, Emeritus
Boston Enterpreneurs' Network and

Managing Director, Patent Kinetics, LLC
www.patentkinetics.com