News
Pretext Purchase
In the case of patent infringement, pretext purchase and reverse engineering of
the infringing product with a view to giving expert testimony in court are obvious
needs.
Often, especially in the European context, it is important to secure purchase of
infringing products in a jurisdiction where the courts are most effective. Operational
Risk Management Consulting has the know-how and network of associates to achieve
this cleanly and in a legally acceptable way.
Process Patents
However, for process patents the plaintiff needs to “see through walls”.
While respecting local laws, RiskMentor.org has the know-how
to analyze every aspect of a production process from raw materials procurement to
waste water sampling and discrete interviews with informed parties to deliver the
information which can enable an out-of-court settlement.
Prior Art Identification
When sued for patent infringement often the best defense is a countersuit for cited
patent invalidity. RiskMentor.org has over 20 years experience
in patents and can help find that elusive “Prior Art” whether in Japanese,
Korean or Chinese. In addition research on products on sale at or before a patent
filing date can result in purchase and presentation of then state-of-the art products
and their operation manuals; Courts love this hard evidence.
Lost Profits
Identification of lost profits would be easy if discovery worked as a legal procedure
in every country. Unfortunately, few countries in Asia have or use discovery and
so collecting evidence of sales volumes and market projections is a big need. Operational
Risk Management Consulting can help with this in terms of identifying key persons
and collecting the information.
IP Case Study 1: R&D Team Identification
A US based plaintiff sued a Japanese high-tech company because its lead inventor
had interned at the plaintiffs labs just prior to Japanese patent filing by the
defendant. To paint the picture better, the plaintiff needed depositions from then
Japanese R&D team members about where the idea of the patent came from. The
investigations pulled up all Japanese patents filed by the company in Japan in Japanese
and tabulated all the named inventors and identified the current address of almost
all 50 of them. A similar approach could be used to establish R&D team size
and R&D expenditure.
IP Case Study:
> R&D Team Identification. Click Here.
For More Information on Software Patents in Asia Click Here