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· Information Needed to Determine a Patent Infringement Case

· Recovering Treble Damages

· Damage Award Examples

Information Needed to Determine a Patent Infringement Case

The pre-suit investigation can usually be done quickly and easily if the offending product can be obtained in the marketplace. Where the product is not available, however, or when the patent is drawn not to a product but to a chemical process or to a method of manufacturing, and the information available to you is thus incomplete or needs verification, you should try to obtain as much reliable information as possible.

The information needed to determine if your competitor has infringed on your patent often include:

1. any available details about the structure of the competitor's product;
2. dates and places where it has been marketed,
3. location of the competitor's offices, and;
4. a history of any communications, direct or indirect, between your company and the competitor that might be relevant to the dispute.

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Recovering Treble Damages | Damage Award Examples


 

 

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What is your patent number?


What year did you first generate sales from this invention?


Best estimates of the annual revenues earned by the infringers to date.


Best estimate of the projected revenues the infringers will make in the foreseeable future.


Has this patent been previously litigated? Yes No
Do you have a copy of the file history of the patent? Yes No


 
 
Provide a brief description of your patent
and what is the date of first use.
 
 
What are the products that are infringing? Is there a websites or other material that we can describe that we can look at and compare to your patent. What are the website addresses?
 

 
Can you explain to us how the infringer is infringing
on your patent (important).
 
 
 

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