Court records may also include information about a particular process or product. Note that the court records need not be related to a patent infringement case. For example, a wrongful-termination lawsuit may yield information about a particular product or process for which a dismissed employee was responsible.
Employment records can also indicate that a company is in the process of acquiring know-how to use a particular patented product or process. A patentee can monitor the acquisition of key personnel in conducting its investigation.
A patentee may also interview persons who have had the opportunity to visit the accused infringer’s facilities. In rare cases, the patentee may even be able to do so.
Trade shows can be used to acquire marketing information about a particular product or process. Trade shows also provide the opportunity to question the accused infringer. As a result, trade shows are commonly used in infringement investigations.
Customers and suppliers can also provide information about a particular process that is being used by the accused infringer. Finally, a patentee may consider contacting the infringer to see how the infringer responds to its questions.
Pre-Litigation Tools (Part 2)
Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.
You can contact him at www.joseph-iplaw.com.
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